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Copyright

Maybe you have heard about Copyright and you don’t really know what the concept refers to, maybe you probably confuse it with another similar term, what is mentioned below is part of all that the concept involves as well as all that it involves.

When the word copyright is mentioned, it is also referring to copyright, this is considered as the human right to which are subject those people who have made one or more literary and artistic works that are totally original.
It can also be said that it refers to the set of patrimonial and exclusive rights given by the state during a determined period of time, this occurs thanks to the inventiveness of original creations or the transformation of commercial products.
When you have a copyright or author’s right, it allows whoever owns it the power or authority to be able to dispense others from being able to use or exploit from the commercial point of view of its creation, especially if they do not have an authorization.
It can be said that this works as a protection mechanism or to safeguard the effort that a person can make, in Mexico copyrights only cover the national territory.
This is done with the purpose of encouraging the production of literary works in the country, promoting the culture of Mexico, as well as any other art that is to be encouraged.
Mention can also be made of the moral right of the author, which is a right that has the purpose of safeguarding the honor and reputation of each author, which is non-transferable.

copyrigth símbolo
copyrigth símbolo


Owning copyright can provide benefits, let’s see below what they are:

  • The main advantage it has is the exclusive right for the owner or creator.
  • You have the authority to distribute your work to whomever you consider convenient.
  • It is important to avoid the copy or dissemination of the same, by those who are not authorized to do so.
  • The creator of a work can obtain income from it.
  • It also allows to keep a record and communication with authorized users.
  • It allows to generate solutions.

Who can be considered authors and what are their rights?

It can be said that authors are those natural persons who create a work, whether artistic or literary, the rights they have exclusively are those moral and patrimonial rights.


What is a moral right?

These rights are nothing more than those that correspond to the author on what he creates, creates, these benefits so to speak, gives the author the right to allow his work to be disclosed or simply keep it unpublished.
If he chooses to disclose it, he can make a decision about the way in which he will be able to disclose it, that is to say, if he will do it anonymously or with a pseudonym.
Likewise, these moral rights allow the author to demand the recognition of the quality of the content created, as well as the power to modify it or to oppose any other option with respect to it.

What is the author’s economic rights?


This refers to the economic rights that the author receives during the creation of a work, which allows him to use it or simply exploit it in an exclusive way.
One of the things you are entitled to when you have economic rights as the original owner, is to authorize, reproduce several copies, communicate your work publicly, transmit your work in different channels, import your work to other countries.

Can economic rights be transferred?


The economic rights of a work can easily be transferred by means of a contract or agreements, free of charge and/or onerous, fixing the specific terms.

How are copyrights registered?


Being in Mexico, it is important to know that works that are protected by Copyright, usually go through a registration, which must be done through an inscription before the Public Registry of Copyright.
This agency is attached to the National Copyright Institute, known by its acronym INDAUTOR.

Such inscription or registration are merely declarative and presumptive, in a few words, it can be said that they attest to the legality.
So much so, that the procedures that are performed allow to attest to the legality that is held about each owner of the work to be registered, which is why the right to be performed on a work must be performed by the owner and not by any other person.
And if I want to obtain a copyright, how do I do it?

When we make use of a copyright is because we need to indicate that a work is subject to copyright, therefore with the intention of placing it to a text, what should be done is to go to the Registry of Intellectual Property and takes the sample that there is such a book.
This can be done by presenting an original of the work in a bound book.

Of course it is important to mention that there are original works that are protected by copyright law, let’s see what they are:

  • Musical works, these can contain lyrics or not.
  • Literary works, this includes any type of article, regardless of whether it is of a scientific or narrative nature.
  • Dance.
  • Cartoon and cartoon.
  • Dramatic works.
  • Drawing works.
  • Architectural works.
  • Cinematographic works.
  • Radio and television programs. +
  • Photographic works
  • Compilation works.

The following are those cases that are not considered copyrights:

  • Schemes or rules for the performance of mental acts or games.
  • Isolated letters, digits and colors, with the exception that they are annexes to an original drawing.
  • Isolated names, titles or phrases.
  • Ideas, formulas, methods, principles, process or any invention of any kind.
  • The commercial use of the works’ ideas.
  • Instructions.
  • Legislative or judicial texts.
  • Content that is part of a news event.
  • Reproductions made without authorization of coats of arms, state or municipality or the names, symbols or emblems of international organizations as long as they are recognized organizations.
  • Proverbs, sayings and legends.

There are a series of steps that must be taken before the respective authorities and which will facilitate the way to obtain copyright or copyright registrations, here are the steps to be taken:

  • Go to the Secretary of Public Education, this takes place at the National Copyright Institute.
  • Once you are there, you must make a background check in the database, this is done in order to verify if there is a person who has made the same procedure with respect to what you want to register. This must necessarily be done in order to avoid expenses and time.
  • Now it is time to file the application at the corresponding office.
  • This is a step that can be carried out by the interested party or author, as well as by an authorized person, in this case the legal representative.
  • Attach the necessary documents, as well as any form requested by the agency.
  • Cancellation of the respective fees, which correspond:
    o Search for priorities $ 80,000.
    o Registration of work $ 131.000
    o Registration of documents from $400 up to $1,000.

So far we have touched on the subject of INDAUTOR or in its longer expression, the National Copyright Institute, which is an organization whose purpose is to protect and safeguard the rights of the authors of a work.

In other words, it is in charge of ensuring that knowledge is promoted in society, that is, people can have the opportunity to encourage creativity and, of course, cultural development.
In short, this institute is in charge of preventing piracy, through the proper use of the necessary documents to register intellectual or scientific works.

Public Registry of Copyrights

This is a body that is responsible for publicizing the works and documents when the registration is made with the competent body.

If this happens, it does not lose its protection.

This copyright will be in force as long as the author lives and at the time of his death for one hundred years more.
If there are co-authors, the one hundred years will be counted from the moment the last of the co-authors dies.

I hope these lines have helped you to know everything about copyright and what it concerns you.