Digital technology makes it possible for users around the world to have immediate access to virtually every literary, musical and visual work ever published and to use those works in ways never dreamed of by their authors, vast new opportunities and unprecedented risks have emerged for both creators and users of copyrighted works. Confronting those challenges in a rapidly changing legal environment favorably require a copyright expert guidance.

At Arochi & Lindner, we provide strategic and commercially pragmatic advice to copyright holders, users and intermediaries in all aspects of copyright law, from advising on the availability and scope of copyright protection, securing timely registration, counseling on infringement, fair use and use of third-party materials – to negotiating assignments and licenses – to enforcement and dispute resolution of rights.

We address issues in all types of literary, musical and artistic works in traditional and new media. Our attorneys represent a range of clients including creators of paintings, sculptures, photographs, musical and literary works; producers of films, games and software; production companies; publishers; universities; telecommunications organizations; online service providers and fashion houses.

We strive to find creative and efficient solutions to significant new copyright challenges that our clients from the creative, intellectual and scientific fields face in the global copyright marketplace of the digital age.

Registration of works

We assist you in registering your works in a timely manner to provide a lengthy period of protection from third parties copying, distributing, selling, or publishing your work without your permission. We also assist business owners and entrepreneurs in securing copyrights for works prepared by their employees and independent contractors.

Copyright commercialization

We advise in a wide range of transactions to protect and maximize the value of the copyright work including negotiating and preparing agreements and licenses relating to the transfer of copyrighted works and derivative works as well as evaluations of the copyright implications of various commercial transactions, such as mergers and acquisitions.

Copyright clearance

We provide copyright clearance by obtaining permission from the copyright owner, conducting a fair use analysis, and/or determining that the materials are in the public domain or are not eligible for protection under copyright laws to ensure that a proposed use of materials is in compliance with copyright law to avoid infringement of the rights of others.

Use of third-party materials

We provide counsel on how to use the works of others and negotiate more favorable use licenses.

Copyright enforcement

We manage copyright enforcement programs, covering the design and execution of comprehensive anti-piracy strategies domestically and internationally; advising on the use of local law enforcement and coordination with local authorities; taking actions against digital media counterfeiters to strike down the entire supply chain of counterfeit products, including source, transit, and destination.

Copyright dispute resolutions and litigation

We advise on copyright dispute resolutions prosecuting, defending and settling significant copyright infringement claims before civil courts and specialized copyright tribunals, and through alternative dispute resolution proceedings. We handle all types of copyright actions, including disputes over digital rights and internet infringements.

Despite the fact that copyright registration in the National Copyrights Institute (INDAUTOR) is voluntary in Mexico, doing so establishes prima facie evidence of the copyright holder’s ownership. INDAUTOR issues a copyright certificate that the author can present to the court as proof of right to exclusive use of the work, should ownership come into question or another party engage in unauthorized use of the work.

According to Mexican Copyright Law, literary works, musical works, dramatic works, dances, pictorial or drawing works, sculptures or three dimensional works, cartoons, architectonic works, cinematographic and other audiovisual works, radio and TV programs, computer software, photographic works, works of applied art and works of compilation constitute intellectual creations and, as long as they meet the requirements of originality and fixation, they can be protected as copyrights.

In Mexico, foreign authors have the same rights and protections as Mexican nationals. Mexico is a member of the World Intellectual Property Organization (WIPO) and the Berne Convention. Consequently, Mexico is subject to international copyright rules. We help artists, writers,

performers, computer programmers, technicians, businesses and entrepreneurs protect their original works and, if unauthorized use occurs, our experienced team of Mexican IP attorneys are able to pursue all legal remedies available under Mexican and international laws, facilitating cross-border copyright protection.

The Mexican legal system establishes two types of actions for copyright infringement: criminal actions that can be filed before the Mexican Attorney General’s Office and administrative remedies that can be filed before the Mexican Institute of Industrial Property (IMPI). Infringers may face state or federal prosecution and may be subject to civil and criminal sanctions such as: monetary damages, including royalties; confiscation of unauthorized, counterfeit or pirated goods, injunctive relief to prohibit further damaging actions by the infringer and criminal penalties against the infringer. Authors can also take civil action to protect the economic and moral values of their works. We closely advice authors through the whole enforcement process and represent the responsively whether they decide to engage in mediation, arbitration or litigation.