THE NEW PROCEDURE OF «NOTICE AND TAKE DOWN» ESTABLISHED IN THE FEDERAL COPYRIGHT LAW BY THE ENTRY INTO FORCE OF USMCA.

Mexico City, November 12th, 2020.

 

Within the new reforms to the Federal Copyright Law due to the entry into force of the United States, Mexico and Canada Agreement (USMCA) a procedure called «Notice and Take Down» has been established.

 

This procedure will force online service providers, websites, platforms or Internet search engines to remove and deny access to any infringing material, work or content upon receipt of a notice from the relevant copyright owner.

 

The user whose content is removed, may submit a «counter-notice» to defend the allegedly infringing content, which will force the Internet service provider to restore the content to the network, unless the copyright holder submits legal action within 15 days.

 

To ensure that this «Notice and Take Down» system operates properly, the amended Federal Copyright Law provides for heavy fines for making false statements in a «Notice» or «Counter-Warning».

 

The amendment to the law also contains a liability provision in favour of online service providers that exempts them from liability in respect of data, information, materials or content that is communicated or stored on their systems and neither does it obliges them to monitor the illegal use of the works or content on the Internet or to give a warning to the users who have violated it.

 

Some people consider this procedure of «Notice and Take Down» as a «Digital Censorship» but what is regulated with this mechanism is the use and access to the works or contents and the respect to the copyrights of all the companies that with their creations, platforms, works and new businesses contribute to the development of the entertainment industry.

 

We have to take into account that they are different concepts: Internet connectivity that gives us the opportunity to be connected to the network at all times; Access to information by any printed or electronic means (guaranteed in articles 6 and 7 of our Political Constitution); and the Availability or access to copyright works and contents in the digital environment such as music, films or television series, games and electronic books that contribute with their works and creations to the entertainment industry and that generally have a cost.

 

The Intellectual Property team area are at your service for any questions or comments regarding the contents of these new provisions and their implementation.

 

S I N C E R E L Y,

 

Martín Michaus

mmichaus@basham.com.mx

 

Eduardo Kleinberg

kleinberg@basham.com.mx

 

Adolfo Athié

aathie@basham.com.mx

 

Claudio Ulloa

culloa@basham.com.mx

 

Juan Carlos Hernández

jhernandez@basham.com.mx

 

Eduardo Castañeda

ecastaneda@basham.com.mx

 

Manuel Guerra

mguerra@basham.com.mx