May 21, 2026
On May 14 of this year, a Decree was published in the Official Gazette of the Federation that amended and added various provisions to the Federal Labor Law and the Federal Copyright Law regarding the rights of performer and performing artist workers.
A performer or performing artist includes actors, narrators, reciters, singers, musicians, dancers, or any other person who performs or executes a literary or artistic work, a folkloric expression, or any similar activity, even where there is no prior script governing its development. Extras and occasional appearances are not included within this definition. This is established under Article 116 of the Federal Copyright Law.
Regarding the Federal Labor Law, the Decree amended Chapter XI of Title Six, which is now titled “Performer and Performing Artist Workers.”
Among other aspects, the reform establishes the following:
- The provisions apply to performer and performing artist workers who provide services in theaters, cinemas, nightclubs or variety venues, circuses, radio, television, dubbing studios, or any other place where performance and/or execution activities are carried out.
- Employment contracts for such workers must specifically establish the conditions and compensation applicable to the use of their image, voice, or both, through any technology, including artificial intelligence.
- The reform expressly recognizes the possibility of establishing differentiated salaries, and therefore salary differences will not violate the principle of equal pay when they derive from differences in functions, representations, or performances carried out.
- Whenever required by the nature of the work, employers must provide comfortable, hygienic, and safe dressing rooms at the workplace where performer and performing artist workers provide their services.
The following provisions remain in force within this chapter:
- The employment relationship may be for an indefinite term, for several seasons, or for one or several performances, representations, or acts.
- Where the employment relationship is for a fixed term, even if the nature of the work continues, the expiration of the contract term shall have full effect for its termination.
- If performer and performing artist workers provide services outside Mexico, the employer must provide an advance salary payment of at least twenty-five percent of the contracted amount and guarantee transportation to and from the destination.
- Employers who fail to comply with the provisions of this chapter may be subject to fines ranging from 50 (currently MXN $5,865.50 / USD $337.58) to 5,000 (currently MXN $586,550.00 / USD $33,758.08) times the Unit of Measurement and Update (“UMA”).
On the other hand, the Federal Copyright Law was amended regarding the following matters:
Notifications:
The Mexican Copyright Institute (“INDAUTOR”) may notify administrative acts through different means, provided there is certainty that the interested party became aware of the act.
Supplementary Applicable Laws:
- The reform updated and added supplementary legislation such as the National Code of Civil and Family Procedures, replacing previous references to local or federal procedural codes.
- The General Law on Alternative Dispute Resolution Mechanisms was incorporated, formally including mediation, conciliation, settlement, and arbitration mechanisms in copyright matters.
Contracts:
- The reform establishes additional requirements for publishing and advertising contracts, including details regarding formats, platforms, territories, and periods of dissemination.
- The advertising use of works will be subject to time limitations and will require new payments and authorizations for prolonged use.
- Exclusivity or non-compete clauses may not exceed the duration of the contracts.
- The image, voice, and characters of artists may only be used with express authorization, including uses generated through artificial intelligence. This point complements the amendments to the Federal Labor Law, which now require this authorization to be included in the employment contracts itself.
- Any use different from the one originally authorized will require new consent and additional compensation, except for certain informational, journalistic, or parody uses.
Protection of Artificial Intelligence Programs:
- Computer and artificial intelligence programs will be protected as literary works.
- Systems designed to cause harm or violate third-party rights will not be protected.
Performer and Performing Artist Rights:
- The reform broadens the protection granted to performer and performing artist workers and clarifies who is considered as such.
- Artists may control the dissemination, exploitation, and commercial leasing of their performances in physical, digital, and online media.
- The cloning or simulation of voice and image through artificial intelligence without prior written authorization is prohibited.
- Parody, satire, or creative imitation will be permitted, provided there is no deception or professional substitution of the artist.
- Contracts must clearly establish payments, terms, and conditions of use, and any contractual ambiguity must be interpreted in favor of the artist.
Public Copyright Registry:
- Contracts related to performance, voice-over work, commercial voice-over services, dubbing, and execution entered into by performer and performing artist workers may now be registered before the Public Copyright Registry.
Exclusive Rights Reservations:
- The law expands the protection of exclusive rights reservations for artistic activities, cultural events, and advertising promotions, establishing a one-year validity period for certain certificates.
Alternative Dispute Resolution Mechanisms:
- The law incorporates alternative dispute resolution mechanisms before the National Copyright Institute, such as mediation, conciliation, and arbitration, which may be conducted in person, online, or through hybrid methods.
Commercial Infringements:
- The unauthorized use of protected images, voices, or performances, including cloning or simulations carried out through artificial intelligence, for direct or indirect profit, will constitute a commercial infringement.
- Commercial infringements may be sanctioned with fines ranging from 1,000 to 40,000 days of minimum wage, depending on the seriousness of the infringement.
Regarding copyright and related rights, this reform significantly strengthens the protection granted to performer and performing artist workers, particularly concerning the use of their image, voice, and performances in digital environments and through artificial intelligence tools. Consequently, generic or implied authorizations will no longer be sufficient to exploit such elements; instead, express and specific consents will be required and, in certain cases, additional compensation must be paid for uses that are additional to or different from those originally agreed upon.
From a labor perspective, this reform means that employers will no longer be able to justify the use of employees’ image, voice, or both solely through the payment of salary, but rather a specific compensation for such use must be established.
Likewise, the reform incorporates clearer contractual protection and dispute resolution mechanisms, favoring interpretations that benefit artists and promoting alternative mechanisms such as mediation, conciliation, and arbitration. This reflects a legislative trend aimed at balancing the relationship between rights holders, producers, and artists in light of current technological and commercial challenges.
Additionally, the Federal Labor Law now expressly establishes the obligation to provide comfortable, hygienic, and safe dressing rooms, which is consistent with the trend observed in other recent labor reforms aimed at improving working conditions and employee wellbeing within workplaces.
The Decree entered into force on the day following its publication. Furthermore, a sixty-day period was established to amend and supplement the corresponding provisions of the Regulations to the Federal Copyright Law.
This alert was prepared with the support of Gabriela Guadarrama García and María Fernanda Godínez Fajardo.
The labor and employment and the intellectual property lawyers of Basham, Ringe y Correa, S.C., remain for any further comments or questions.
Sincerely,
| Jorge G. de Presno Arizpe jorgedepresno@basham.com.mx | Eduardo Kleinberg Druker kleinberg@basham.com.mx |
| David Puente Tostado dpuente@basham.com.mx | Adolfo Athié Cervantes aathie@basham.com.mx |
| Luis Álvarez Cervantes lalvarez@basham.com.mx | Juan Carlos Hernández Campos jhernandez@basham.com.mx |
| Eduardo Castañeda Montiel ecastaneda@basham.com.mx | |
| Mariana Vargas Macias mavargas@basham.com.mx | |
| Santiago Zubikarai González Mariscal sgonzalez@basham.com.mx |