translated from Spanish: Could sanction for memes with reforms to copyright law in Mexico

Mexico.- One of the direct results of the recent signing of the Treaty between the United Mexican States, the United States of America and Canada, known as the T-MEC, was to harmonize the laws of the three countries in various areas, with copyright being one of them. The main concern of users of social networks and digital platforms revolves around two issues that would impact the current technological lifestyle, such as sharing memes and also an economic impact if repair of electronic devices is prohibited by businesses not authorized by manufacturers.
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To clarify the implications of this reform, THE DEBATE convened three expert lawyers at the analysis table by Facebook, who considered that this action puts Mexico at the forefront of legal law in terms of copyright protection, and denied that it is censorship or contrary to freedom of expression, but rather protects the creators. Reforms and legal protection 
Marcela Arreola mentioned the uproar that has generated among users of digital platforms the possibility of seeing a change in the use of the popular memes, which have become a more form of communication, and anyone has seen, sent or received one through social networks.

Myrna HernándezLugar: JaliscoProfesion: lawyerTrayectoria: teacher in Corporate and Labor Law at the Benemérita University of Guadalajara. Lawyer in the Directorate of Strategic Projects of the Secretariat of Substantive Equality between Women and Men of the Government of the State of Jalisco and teacher of the UTEG University Center.

In this regard, the lawyer commented that in the case of the Federal Copyright Law a chapter was added which established the obligation for internet service providers and online service providers to adopt technological measures that protect copyright or control access to and performance of a work or interpretation; as well as implementing information on rights management, understood as information that identifies the work and the right holders of the work or information about the terms and conditions of the use of the work. It is also established that they will impose fines on those who circumvent technological measures, those who delete or alter rights management information. Piracy in Mexico 
Myrna Hernández referred to the that in Mexico the consumption of internet piracy is a common practice, therefore this part of technological measures to protect information that incorporates several concepts is integrated into this copyright law. But what are these protective measures? The expert in corporate law explained that this is practically any type of technology that the devices have and that with their normal use of operation allows us to store the information that is within these technological means. To exemplify this concept, Hernandez mentioned the Spotify music playback platform, which allows you to listen to the musical works, but not download them to users. It noted that this was what they were referring to by means of technological protection; and the other side is to put certain records so that every time someone listens to music or reads information, they can identify the author. Violation of technological measures 
Federico Valeriano, a lawyer specializing in criminal law, noted that law scholars had found it of particular importance to analyze this legislative harmonization in copyright between the three countries that make up the T-MEC. He said that as a result of this reform also carried out with the federal criminal code and the federal entities, there are certain conducts indicated in the criminal type that tell us when a crime is constituted or not. It noted that they should apply express submission of the rightholder, as well as the conduct that governed this reform. 

Federico Valeriano

Location: Jalisco Profession: lawyer

Career: Doctorate in Law with specialization in DereCourt by the Benemérita University of Guadalajara. Municipal judge of the City council of Zapopan. Managing partner of the firm Integral Legal Solutions Arreola & Valeriano SC. Professor at the Universidad Autónoma de Guadalajara, Universidad del Valle de México and Universidad del Valle de Atemajac.

Photo: Courtesy

Marcela Arreola explained that copyright did not necessarily have to be registered, but is inalienable to the author, that if at some point it proves that a photograph or a work was his or hers, it would be protected by law. Given the novelty of these reforms that barely came into force in July, there are certain details yet to be resolved. Federico Valeriano explained in his speech that criminal sanctions are imposed in criminal matters aimed at eradicating piracy, as well as those who circumvent technological protection measures or alter rights management information. It also noted that sanctions are provided for those who decrypt or decode telecommunications signals without the legal authorization of the signal distributor. Content removal 
The guests at the analysis table mentioned that as the main innovation of this reform is the notice of withdrawal of content on digital platforms, although they made the clarification that such notice is not yet regulated in the corresponding regulations. This means that the owner of the copyright or related rights may give notice to the online service provider if it considers that its copyright was violent. At that time, among other issues, the owner of a work must express his interest or right with respect to copyright and identify the content and electronic location of the infringing claimed.

Marcela Arreola

Location: Jalisco Profession: lawyer

Career: teacher in Corporate and Labor Law at the Benemérita University of Guadalajara. Lawyer candidate and partner of the firm Soluciones Jurídicas Integrales Arreola & Valeriano S.C., and teacher of the UTEG University Center.

Photo: Courtesy

Subsequently, upon receipt of this notice, the online service provider must remove the content; However, the user who considers that their content was removed by mistake can request that such content be restored with the submission of a counter-notice. Similarly, reforms to the procedure in the case of copyright infringements are included. It is worth mentioning because of its importance that various civil society groups have interpreted this reform to violate human rights, as they point out that they are contrary to freedom of expression, and have therefore requested the National Commission on Human Rights (CNDH) to promote an action of unconstitutionality against that reform, which it has until 31 July to promote such action in accordance with section II of article 105 constitutionally. Purpose and use of memes 
Marcela Arreola pointed out that we commonly find an image of either a famous person or a public figure, as well as combined with images drawn. He detailed that everything will depend on the intended use of the meme in particular, since sometimes product companies take advantage of the viralization of a type of meme to include it in their advertising, and in that case it is for profit: «There we are talking that the owner of that drawing could assert his right and claim damages for the use of his meme or a royalty for the use of his drawing». Arreola Islas emphasized that the toral part of the reform was to include copyright in digital platforms and copyright protection measures and also mechanisms. In this case, the holder of the rights to a meme may request that it be removed from a digital platform. For his part, Myrna Hernández said that article 14 of the law specified which are not violations of technological measures, for which a difference must be made between the moral, patrimonial and related rights of the author. He said that as long as life was held, the works were entitled, but from the death of the person who owned the copyright, then a time limit for giving up protection began; or if they become public domain, they can be used without being violated by these protective measures. Copyright 
It is the recognition made by the State in favor of any creator of planned literary and artistic works, under which it grants its protection for the author to enjoy exclusive prerogatives and privileges of a personal and heritage nature. Intellectual property
Intellectual property is related to the creations of the mind: inventionliterary and artistic works, as well as symbols, names and images used in commerce.
Copyright and Reforms to LawsThe 1st of July of the current year were published in the Official Journal of the Federation reforms to the Federal Copyright Law and the Federal Criminal Code, with the aim of harmonizing such systems with various international copyright treaties such as the T-MEC. These reforms included an extension to various concepts that give way to regulating copyright in digital platforms and technological means, as well as the expansion in the criminalization of copyright crimes. Reforms.- Since July 1, there is a period of 180 calendar days to carry out the regulatory adaptations necessary for the observance of the provisions of the same.



Original source in Spanish

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