http://cyberlaw.stanford.edu/lessig/blog/archives/mexican.txt
During the next days the Mexican Congress will be reviewing and discussing a bill with the purpose of making certain amendments to the Copyright Law of 1996. The bill motivated by the request of the former party in power. In essence, what the bill proposes is the implementation of a number of provisions granting additional rights to authors and holders of neighboring rights such as artists and phonogram producers. Thus, in among other aspects, the Copyright Law would be changed to reflect a compensation right for private copying of works of authorship. Among others, the electronic industry has strongly opposed to the measure, as it would be the manufacturers and vendors of equipment and media for reproducing copyrightable subject matter, who would bear the obligation to cover the compensation. The reform contemplates a droit de suite aimed at protecting authors of works of fine arts as well as creations of similar nature, with the exception of works of applied arts. A system would be established including procedures to fix compensations, transmitting rights mortis causa and imposing obligations upon brokers and dealers to inform authors or their representatives about any sales made of works of their authorship so that they get the right compensation. One change that has also become the subject of discussion is the increase of the patrimonial right term of life plus seventy-five years to life plus one hundred years. Once the term expires, the Government would have the power to collect fees from the use of works, which are no longer protected. Older statutes like the Copyright Law of 1956 followed a similar system, which was abolished during the eighties as it resulted unfair and inapplicable. In addition, the bill would suggest a provision on restoration of rights for works that fell into the public domain for lack of compliance with formalities in conformance with the Civil Codes of 1884 and 1932. The amendment has been strongly supported by authors and collecting societies but on the other hand; it has been rejected by the industry. Debates in Congress have intensified in so far as interested parties have had the opportunity to raise their arguments and positions. Many would hope that Congress fully meditates about the implications of the amendment not only in terms of what it would mean for the users of works but for society in general. The challenge for legislators is thus manifest. Lets see what it happens in the end and we will certainly keep you informed. Olivares Copyright and Technology group is comprised of almost 10 IP specialists, many of whom have technical degrees. The group handles complex litigation, brand protection and anti-piracy, licensing, copyright, and patent and trademark prosecution. _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
