-----Original Message-----
From: 	Sistemas Olivares & Cia.
Sent:	Tue Mar 25 13:10:07 2003
To:	[snipped]
Subject:	Mexican Copyright Law

Dear Colleagues:

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.

          For further information, contact:
 
Luis C. Schmidt
52 55 53 22 3000
lsr@olivares.com.mx
 
 
Sincerely,
OLIVARES & CIA.
  
PS: Please circulate this important notice.