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- Title
MÉXICO.
- Authors
CANTORAL DOMÍNGUEZ, Karla
- Abstract
The article analyzes two cases in Mexico related to copyright law. In the first case, an advertising agency sued an individual to be recognized as the author of a book. The court denied the protection, arguing that Article 12 of the Federal Copyright Law is not unconstitutional as it does not recognize legal entities as authors. In the second case, the protection of the right to image is discussed under the Federal Copyright Law. The conclusion is that only individuals can be considered authors, as copyright is not a human right attributable to legal entities. This article discusses a legal case in which an actress sued a magazine for the unauthorized use of her image. The plaintiff claimed damages and compensation for moral harm. The Court explained that although Mexican copyright legislation includes provisions on the right to one's own image, this right is not of a copyright nature but is linked to the individuality of the person. The Federal Judiciary has established that the Federal Copyright Law protects the right to one's own image and contemplates the possibility of claiming material damages, but compensation for moral harm must be based on other legal frameworks.
- Subjects
MEXICO; COPYRIGHT; AUTHORS; EQUALITY; LEGAL rights; DISCRIMINATION (Sociology); HARM (Ethics); FEDERAL laws; JURISTIC persons; ACTIONS &; defenses (Law); AGE discrimination
- Publication
Anuario de Propiedad Intelectual, 2022, Issue 2021, p203
- ISSN
1889-724X
- Publication type
Article