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Traditional Knowledge Laws: Mexico

Title Federal Law on Copyright (as amended up to January 14, 2016)
Subject Matter Traditional Cultural Expressions
Issue(s) Subject Matter of Protection; Scope of Protection; Exceptions and Limitations
Type(s) of Legislation IP Law

Subject matter of Protection

Article 116 Performers

Performer means the actor, narrator, speaker, singer, musician, dancer or any other person who performs a literary or artistic work or an expression of folklore or who engages in a similar activity, even though he may have no pre-existing text to guide his performance.

Article 157

This law shall protect literary and artistic works, works of popular art or craft works, and also all original manifestations in local languages, and the practices, customs and traditions of the multicultural society constituting the Mexican state and that do not have an identifiable author.

Scope of Protection

Article 158

Literary and artistic works, works of popular art or craft works that have evolved and are perpetuated in a community or ethnic group with its origins or roots in the Mexican Republic shall be protected by this Law against distortion intended to discredit the said works or prejudice the reputationi or image of the community or ethnic group to which they belong.

Article 160

In any fixation, representation, publication, communication or use in any way of a literary or artistic work, work of popular art or craft work protected under this Chapter, the community or ethnic group or, where appropriate, the Region of the Mexican Republic to which it is specific shall be mentioned.

Exceptions and Limitations

Article 159

The use of the literary or artistic works, works of popular art or craft works protected by this Chapter shall be free, provided that the provisions thereof are not contravened.

 

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