Mexico City, July 7, 2020.
- On July 1, 2020, an important amendment to the Federal Copyright Law was published.
- This reform aims to provide greater protection to holders of copyright or related rights in the digital environment by regulating technological protection measures, rights management information, and the liability of internet service providers.
- The reformed law creates a robust regulation for technological protection measures used for copyrighted content, broadly defining such measures and severely sanctioning both those who circumvent such measures and those who assist in circumventing them, for example, by providing goods or services that are advertised or used predominantly for such purpose. This aspect of the reform is clearly intended to protect copyrights in the digital environment by providing an incentive for the use of such technologies and giving copyright holders the certainty that those who attempt to circumvent such measures may face serious legal risks in Mexico.
- The reform also seeks to protect rights management information in copyrighted works by severely punishing those who delete or alter it. In addition, those who knowingly import or distribute such altered or deleted information and those who knowingly sell, reproduce, communicate or simply make available works where such information has been altered or deleted may also face heavy penalties. Thus, the reform intends to curb not only the removal or alteration of rights management information, but also to punish anyone who knowingly intervenes in the process of making available works where such information has been altered or removed.
- Similarly, the reform also seeks to provide better protection for encrypted program-carrying satellite signals by establishing that the legitimate distributor of the signal may claim damages from any person who manufactures, sells or distributes devices to decode the signal or, in general, anyone who receives or assists others to receive the encrypted signal.
- In addition, the law establishes a "notice and takedown" system. Such a system will oblige online service providers to remove and deny access to any infringing material or content upon receipt of a notice from the copyright holder or its representative. The user whose content is removed will then be able to file a counter-notice to defend the allegedly infringing content, which will oblige the service provider to restore the content, unless the copyright holder takes legal action within 15 days. To ensure that this "notice and takedown" system operates properly, the reform provides for heavy fines for misrepresentation in a notice or counter-notice, as well as for any online service provider that fails to remove content expeditiously after receiving a notice.
- The amendment contains a liability exclusion provision in favor of online service providers that exempts them with respect to data, information, materials or contents that are communicated or stored in their systems. Such provision will only be applicable if the online service provider duly complies with the "notice and takedown" system described above and, in addition, complies with requirements such as having a policy of deleting the accounts of repeat infringers and not interfering with standard technological measures to protect or identify copyrighted materials.
- At the same time, the reform establishes in detail the rights of copyright holders (particularly software), performers and phonogram producers to control the use of their creations in the digital environment.
The partners of the intellectual property area are at your disposal for any questions or comments you may have.
A T T E N T A M E N T,
Juan Carlos Hernández