BASHAM NEWS

ARTICLE: REFORMS TO THE FEDERAL COPYRIGHT LAW DUE TO THE ENTRY INTO FORCE OF THE T-MEC (THE DIGITAL ERA).

 

Mexico City, July 7, 2020.

 

With the entry into force of the T-MEC (USMCA) and the reforms to the Federal Copyright Law (LFDA) we enter into the regulation of the use of works or content in the Digital Environment.

 

These new legal reforms to the LFDA impose large economic sanctions, including criminal sanctions, on infringers of copyrights in the Digital Network and provide greater powers of control and prosecution to the owners of films, videos, television series, electronic books, music, video games, computer programs and entertainment, for the effective collection of royalties in the digital environment.

 

With the implementation in the LFDA of the "Rights Management Information" or "Digital Fingerprint" to any intellectual work (music or movies) circulating on the Internet, it will be possible to fully identify the copyright infringer in order to sanction him/her, including the possibility of requesting the Internet service provider to "download" or suspend the circulation of the unauthorized work on the Internet through a procedure.

 

"In the Mexican digital sphere, it is estimated that 64.5 percent of cybernauts consume some type of content through the Internet, which is not subject to the payment of royalties for the use of the same" according to the survey by the Coalition for Legal Access to Culture.

 

The types of copyrights granted to owners in the digital environment are: the rights of reproduction, distribution, rental, making available to the public of works or contents on the INTERNET, broadcasting and public communication.

 

The circumvention, unlocking of technological locks and the violation of technological protection measures (TPM) in games, consoles and entertainment software, and the unauthorized capture or decoding of encrypted satellite pay TV signals are also criminally punishable with high fines, with a judicial claim for the payment of damages.

 

We are living in a new era with the entry into force of the T-MEC (USMCA) and the reforms to the LFDA that promote the strengthening of copyright collection for the use of works or content in the Digital Era, whose conflicts and scope at regional and global level will be substantial.

 

The Copyright, Entertainment Law and New Technologies team at Basham, Ringe y Correa, S.C. is highly specialized in dealing with any type of conflicts and counseling in the digital environment arising from copyright royalty claims.

 

A T T E N T A M E N T,

 

Manuel Guerra

mguerra@basham.com.mx

 

Santiago Zubikarai

sgonzalez@basham.com.mx