Image Rights

Likewise, Federal Copyright Law stipulates that: “Commercial advertisements or promotional materials can be published for a period of up to six months from its first communication. After that term their communication must be remunerated for each additional six-month period. Three years later from the first communication their use will require authorization from the creators and from the owners of the neighboring rights of the used works.”

In this sense, among others, the titleholders of the neighboring rights are the performers, (actors, narrators, orators, singers, musicians, dancers, or any other person who performs a literary or artistic work or carries out a similar activity to those mentioned above).

Law also states that: “Performers enjoy the right to their name recognition regarding their performance…”, on the understanding that a person’s name is a quality of their personality, because the name serves to identify and individualize that person.

Furthermore, the law recognizes the right of individuals and groups working in creative arts to the exclusive use of their name, fictitious name, as well as their physical and psychological distinctive characteristics.

In Mexico City applies the Law of Civil Responsibility for the Protection of the Right to the Private Life, the Honor and the Image, which among other aspects states that “every person has the right on their own image and the authority to dispose of their appearance, authorizing or not its capture or diffusion”.

Likewise, the mentioned Law foresees that “the image of a person must not be published, reproduced, exposed or sold in any form without their consent, and that when it occurs to their detriment, they have the right to demand that such acts stop and damages compensation”.

At Chávez · García · Lakimies we advise our clients on the proper use of their images or of third-party images, creating legal certainty to their benefit, to ensure that such use brings them the expected profits.