The Federal Copyright Act recognizes rights of a patrimonial nature and rights of a moral character both to authors of works and to those who are a bridge between them and the public, stressing the importance of their protection and respect by third parties, providing the creators with various tools to assert their prerogatives and to take action against those who violate them through the procedure known as the Settlement Conference.
In recent weeks in search of showing solidarity, union, fraternity and hope to overcome the pandemic emergency caused by COVID-19, people have been encouraged through their social networks to record and share videos “chuscos” in which they modify; reproduce; transform; alter lyrics of songs; scenes of movies; caricatures; and different works, without being aware that in carrying out such activities omitting the proper authorizations and payment of corresponding royalties, multiple Copyright and Related Rights are violated, which could have various economic and legal consequences, within which it is, having to face an Administrative Settlement Procedure.
The Settlement Conference is one of the tools that recognizes Mexican legislation in this area, which is submitted to the National Institute of Copyright (INDAUTOR), at the written request of one of the parties to the conflict for the purpose of amicable settlement.
Once the complaint has been submitted in writing to INDAUTOR, it is communicated to the counterparty, giving it 10 working days after the notification, so that it can state what is appropriate to its law regarding the conflict, if it so wishes.
At the end of this period, the parties are summoned to a Settlement Conference within 20 working days of the submission of the complaint, warning them that if they do not show up they will be entitled to a fine ranging from one hundred to one hundred and fifty Units of Measurement and Updating (UMA).
In the Settlement Conference, the parties will seek an agreement with the assistance of the mediator. If both parties agree, an agreement is signed which will terminate the administrative settlement procedure and oblige the parties to comply with it.
Should the parties fail to reach an agreement, the Settlement Conference may defer as many times as necessary to achieve conciliation.
It is necessary, before using any type of content available on digital platforms, to verify that it can and should not be done to avoid future contingencies that result in large changes and long processes.
In Bandala | Díaz | García we keep you informed about the Administrative Settlement Procedure.