Copyright Registrations
Copyright is a set of legal rights granted by law to the creator of an original work from the moment it is created. Unlike patents or trademarks, which require registration to come into existence, copyright exists from the moment of creation. These rights are divided into two main categories:
- Moral Rights: These are perpetual and inalienable. They recognize you as the legitimate author of the work and allow you to decide whether it should be published, modified, or remain anonymous. No one can take away your authorship of your work, even if you transfer the economic rights.
- Economic Rights: These rights give you financial control over your creation. They allow you to authorize or prohibit its reproduction, distribution, public communication (such as its exhibition or performance), and transformation (for example, making a film adaptation of a book). These rights have a specific duration (in Mexico, the author's lifetime plus 100 years after their death) and are the ones you can license or sell to obtain profits.
It is crucial to understand that copyright protects the expression of ideas, not the ideas themselves. This means that while the wording of a book is protected, the concept or basic plot is not.
What can be protected?
The Federal Copyright Law in Mexico protects a wide range of works that demonstrate originality, regardless of their merit or purpose. Some examples of protected works are:
- Literary works.
- Musical works.
- Dramatic works.
- Artistic works.
- Audiovisual works.
- Computer programs (software).
- Architectural works.
- Other categories.
Frequently asked questions
Copyright protection is not indefinite, but it is very extensive. In Mexico, economic rights (those that allow you to obtain financial benefits) are valid throughout the author's lifetime and for 100 years after their death.
Once this period ends, the work enters the public domain and can be freely used by anyone, provided that moral rights (authorship and integrity of the work) are respected, which are perpetual and inalienable.
Both are branches of intellectual property, but they protect very different things:
- Copyright: Protects creative and original expressions. Its purpose is to recognize and reward the author for their intellectual work. Examples: a novel, a song, a photograph, or software. It is managed through INDAUTOR.
- Industrial Property: Protects technical and commercial innovations used in industry. Includes:
- Trademarks: Names, logos, or sounds that distinguish products or services.
- Patents: Inventions of products or processes, etc.
- Industrial designs: The appearance of a product.
- Trade secrets: Confidential business information. These are managed through the IMPI (Mexican Institute of Industrial Property).
No, in Mexico and most countries, copyright arises at the moment the work is created and fixed in a tangible medium. In other words, protection is automatic.
However, registering your work with INDAUTOR is highly recommended. Registration does not create the right, but it does provide you with legal proof of your authorship with a specific date, which simplifies and strengthens your position in the event that someone uses your work without permission. In essence, registration is a security tool that makes it easier to defend your rights.
To provide you with an accurate quote, please follow one of these steps:
Fill out the form in Contact Us
Send an email to patentes@unapi.mx with:
- Type of service you require (e.g., patent, trademark registration, etc.).
- Brief description of the project (e.g., “medical device,” “innovative software,” “industrial product”). We only need a general context.
- Your full name and contact details.
Once we receive your information, we will contact you to schedule a meeting and discuss the best strategies for your invention.
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