OVERVIEW OF COPYRIGHT PROTECTION IN

THE UNITED STATES AND MEXICO

Alejandro Pérez-Serrano F. [Fna] Alejandro Perez-Serrano is an Attorney at Law licensed to practice in Mexico. Mr. Perez Serrano is project coordinator for the Intellectual Property Project of the National Law Center for Inter-American Free Trade.] FNA]

I. Introduction

Prior to addressing substantive issues related to copyright protection in the United States and Mexico, one must recognize that the United States and Mexico have different legal systems. The U.S. operates under the common law system, while Mexico operates under the civil law system. [ See generally Charles F. Abernathy, Law in the United States, Cases and Materials (1995). (explaining some basic differences between the common law and the civil law systems).] As a consequence, many of the institutions fundamental to the U.S. legal system have no applicability in the Mexican system.

The common law or case-based legal system relies on prior judicial decisions as the primary source of law. Under the common law, the judicial branch has considerable discretion to interpret and create law over time. In contrast, the civil law or code-based system relies primarily on codified statutes. In this system, the law changes through the actions of the legislative branch, and judges typically do not have the discretion to interpret the law or develop theories that may differ from the law as it is written.

This commentary will present a general overview of the relevant statutes, subject matter, protection terms, and exclusive rights that constitute copyright law in the United States and Mexico.

II. Framework of the U.S. and Mexican Systems for the Protection of Copyrights

Copyright protection in the United States is governed by the Copyright Clause of the Constitution. This clause grants Congress the power to "...promote the Progress of Science and useful Arts, by securing for limited time to authors ..... and inventors.... the exclusive rights to their respective .... writings and discoveries." [ U.S. Const . art I, § 8, cl.8.]

Similarly, the protection of copyrights in Mexico is outlined in the Constitution, which calls for the establishment of "....privileges, extended for a fixed period of time, to authors and artists for the production of their works, and to those which, for the exclusive use of their inventions, may be granted to inventors and those who perfect some improvement....." [ Constitución Política de los Estados Unidos Mexicanos [Political Constitution of the United Mexican States] (D.O. 02-05-17). [hereinafter Mexican Constitution]. Article 28. U.S. Const. art I, § 8, cl.8.]

III. Definitions and Relevant Statutes

A. United States

In general terms a "copyright" is: "[a]n intangible, incorporeal right granted by statute to the author or originator of certain literary or artistic productions, whereby he is invested, for a specified period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them." [ Black's Law Dictionary 336 (7th. ed. 1993).]

Copyright protection in the United States is governed exclusively by federal legislation. The current U.S Copyright Act [ The Copyright Act of 1976, as amended, is codified at 17 U.S.C.A. §§ 101 et seq. (Pub. L. No. 94-553, 90 Stat. 2541, as amended) (1996). Hereinafter, the Act is cited as "17 U.S.C.A. § ___"] was enacted on October 19, 1976, and became effective January 1, 1978. Although the Copyright Act expressly amended the prior Copyright Act of 1909, the 1909 statute may still be relevant in certain cases. For instance, the Copyright Act of 1909 is applicable if the dispute involves pre-1978 works. [ Pre-1978 works are protected by state common law at least until December 31, 2002 if the works were not published, or until December 31, 2027 if they have been published. See generally Harry G. Henn, Henn on Copyright Law, A Practitioner's Guide 33 (1991) (explaining Federal Law preemption and the relevance of the prior U.S. laws). ]

B. Mexico

In contrast to the United States legal system, original intellectual creations in Mexico are protected under the "author's rights" (derechos de autor) classification. In both countries, copyright and author's rights protection share similar basic principles. The systems differ primarily in the scope of protection granted to "moral rights." Under the author's rights system of Mexico, moral rights are recognized and perpetually protected for the benefit of an author. Broadly defined, moral rights are a set of rights or prerogatives related to the honor, prestige and reputation of the author.

An author's right in Mexico includes ".... a set of moral and pecuniary prerogatives that creators of a work possess for the simple reason of its creation." [ See generally Humberto Javier Herrera Meza , Iniciación al Derecho de Autor [Initiation to the Author's Rights] 18 (Limusa, Grupo Noriega Editores) (1992) (Mex.) (mentioning the general scheme of protection for author's rights in Mexico).] Such prerogatives are generally recognized and listed in the laws classifying them in two groups: 1) moral or non-patrimonial rights and economic or patrimonial rights of the authors. [ Id. ]

As in the United States, the protection of author's rights in Mexico is governed exclusively by federal legislation. [ Mexican Constitution, supra note 3, Article 28 and 73 section XXV.] The current copyright statute, the Federal Law of Author's Rights, [ Ley Federal del Derecho de Autor [Federal Law of Author's Rights" (D.O. 12-24-96) (Mex.). (hereinafter "FLAR".) ] was passed by the Mexican Congress on December 25, 1996 and became effective March 24, 1997. This law repealed the former copyright statute enacted in 1956 and amended in 1963 and 1991. The new copyright act in Mexico contains innovative provisions that grant jurisdiction to the Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial or IMPI) to enforce "commercial violations."

IV. Principles for Copyright Protection

The U.S. and Mexican laws that protect copyrights and author's rights share a common purpose that consists of granting limited rights of exclusivity to originators or authors of literary or artistic works. While there are slight discrepancies between U.S. and Mexican laws with regard to this subject matter, the systems are in fact similar with respect to the basic principles that govern copyright protection.

A. United States

Under the current U.S. Copyright Act and related decisional law, there are four basic principles that govern copyright protection: (a) fixation; (b) idea-expression; (c) authorship and (d) originality.

(a) Fixation: As a matter of law, copyrights exist in the U.S. as soon as the work of authorship is fixed in a tangible medium of expression. [ This principle is found in the Berne Convention. ] The Copyright Act makes clear that copyright protection subsists "....in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device." [ 17 U.S.C.A. §102(a).] A work is considered fixed "....when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration...." [ 17 U.S.C.A. § 101.]

(b) Idea-expression: Copyright protection is granted to the expression of the idea, not to the idea itself. This principle is known as the idea-expression dichotomy. According to this postulate, copyright protection under no circumstances extends to "...any idea, procedure, process, system, method of operation, concept, principle or discovery...." [ 17 U.S.C.A. § 102(b).] If there are only a restricted number of ways to express an idea, the expression merges with the idea and becomes unprotectible. This concept is also referred to as "the merger doctrine" because the idea and the mode of expression are deemed to merge. [ Margreth Barrett, Intellectual Property. Cases and Materials. (1995) ]

(c) Originality: The work has to be independently created by the author and possess at least some minimal degree of creativity. Minimal creativity, however, does not necessarily mean artistic merit. As the U.S. Supreme Court has ruled, the "requisite level of creativity is extremely low, even a slight amount of creativity will suffice." [ See Feist Publications, Inc. V. Rural Telephone Service Co., Inc, 499 U.S. 340, 111 S.Ct. 1282, 113 L.Ed.2d 358 (1991) (Holding that the alphabetization of names in a phone book is so minimal that it is not entitled to copyright protection) See also, Alfred Bell & Co. v. Catalda Fine Arts, Inc., 191 F.2d 99 (2d Cir.1951). ]

(d) Authorship: The Copyright Act enumerates nine categories of works that qualify for copyright protection. These categories will be discussed herein.

Although a work is protected in the U.S. from the moment that it satisfies the four principles previously mentioned, the fulfillment of certain formalities produce legal consequences that affect the enforcement of rights. These formalities include:: the copyright notice and the registration.

(a) Copyright notice: Since the U.S. is a member of the Berne Convention, the "copyright notice" is optional for works published after March 1, 1989. [ Prior to the 1976 Copyright Act, the absence or misplacing of copyright notice was fatal to obtaining copyright protection. ] In the case of works published after 1978 but before March 1, 1989, the "copyright notice" is still required, but the omission of this requirement does not invalidate the copyright in a work. [ 17 U.S.C.A § 405 (a).] Under the current Copyright Act, if a work bears the © symbol, "no weight shall be given to .... a defendant's interposition of a defense based on innocent infringement in mitigation or actual or statutory damages......" [ 17 U.S.C.A § 501(d)]

(b) Registration: As a general rule, registration is not required to protect a work. [ 17 U.S.C.A. § 408.] Under the Copyright Act, however, registration is a prerequisite for commencing an infringement action. [ 17 U.S.C.A. § 411.] Moreover, registration of a work is desirable because if a work is registered "...before or within five years... [the certificate of registration] shall constitute prima facie evidence [ "A prima facie case consists of sufficient evidence in the type of case to get plaintiff past a motion for directed verdict in a jury case or motion to dismiss in a non jury case; it is the evidence necessary to require a defendant to proceed with his case." Black's Law Dictionary 1190 (6th Ed. 1993)] of the validity of the copyright and of the facts stated in the certificate...." [ 17 U.S.C.A. § 410(c).] In addition, statutory damages and attorney's fees only will be granted only if a timely registration has been made. [ 17 U.S.C.A. § 412.]

B. Mexico

As previously mentioned, the Mexican Copyright Act is very similar to the U.S. Copyright Act with respect to some basic requirements for obtaining author's rights protection.

(a) Fixation: Author's right protection exists in Mexico as a matter of law from the moment that "....the works have been fixed in a material base, independently of their artistic merit, destiny or way of expression." [ Mexican Federal Law of Author's Rights ( FLAR), supra note 10, Article 5.] Fixation is defined as "[t]he incorporation of letters, signs, sounds, images and others elements in which the work has been expressed, or the digital embodiment of said elements, which in any form or material base, including electronic means, permits its perception, reproduction or any form of communication." [ Id. Article 6. ] The lack of formalities required to obtain author's rights protection is expressly mentioned in the Mexican FLAR. The statute provides that the "[r]ecognition of authors' rights and neighboring rights does not depend on prior registration nor on any document or formality." [ Id.]

(b) Idea-expression: A principle similar to the "idea-expression" dichotomy existing in the U.S. Copyright Act is found in the FLAR. Under the FLAR, author's right protection is not granted to the "...industrial utilization of ideas contained in author's works." [ Id. Article 14 (I).]

(c) Authorship: The authorship requirement applies in Mexico in a slightly different way than it does in the United States. Under the FLAR, only individuals are granted an author's right. The statute makes clear that legal persons may only be holders of author's rights as agents or representatives of the original author. [ Id. Articles 12 and 26. ]

(d) Originality: Under the Mexican FLAR, a work must be original in order to qualify for author's rights protection. The FLAR makes clear that "[w]orks protected by this law are works of original creation that can be divulged or reproduced by any means," [ Id. Article 3.]

As noted above, a work does not require the fulfillment of any formality in order to be protected. [ Id. Article 5.]

As in the U.S. Copyright Act, the "copyright notice" is optional in Mexico. The omission of the copyright notice does not imply the loss of the author's rights. [ Id. Article 17 and 229.] The only sanction resulting from the absence of the copyright notice applies to the editor of the work, who can be fined an amount equivalent to up to 15,000 days of minimum wage for the federal district. [ Id.]

Registration is not a requirement for copyright protection in Mexico. [ Protected works and contracts, among others documents, are registered in the Public Registry of Author's Rights ( Registro Público del Derecho de Author ) which is administered by the National Institute of Author's Rights.] The FLAR clearly establishes that original works of authorship will be protected even if they are not registered or published. Registration in the IMPI only grants legal certainty and publicity to the work. Unlike the U.S. Copyright Act, registration in Mexico is not a prerequisite for initiating an action and does not grant any specific procedural right.

V. Subject Matter and Term of Protection

A. United States

The current U.S. Copyright Act enumerates nine types of works of authorship that are entitled to copyright protection: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; (8) architectural works; [ 17 U.S.C.A § 102(a).] (9) compilations and derivative works. [ 17 U.S.C.A. § 103.] This is not an exclusive and exhaustive list since any other work that satisfies the three basic principles previously discussed (fixation, idea-expression and originality) mentioned also qualifies for copyright protection. [ See H.R. Rep. No. 1476, 94th Cong., 2d Sess. 51-52 (1976).] Section 101 of the Copyright Act defines most of these nine categories, with the exception of musical works, dramatic works and pantomimes and choreographic works,.

The duration of copyright in the U.S. depends on the creation date of the work. Chapter three of the Copyright Act establishes several rules that deal with the duration of copyright. The most relevant rules are as follows

(a) If the work was created on or after January 1, 1978, the copyright subsists as a general rule "for a term consisting of the life of the author and fifty years after the author's death." [ 17 U.S.C.A. § 302(2).] If the work was created by two or more authors, the copyright has a duration for "... a term consisting of the life of the last surviving author and fifty years after such last surviving author's death." [ 17 U.S.C.A. § 302(b).] Finally, if the work is anonymous, pseudonymous or made for hire, the duration is for "a term of seventy-five years from the year of its first publication, or a term of one hundred years from the year of its creation...." [ 17 U.S.C.A. § 302(c).]

(b) For works created but not published or copyrighted before January, 1978; the perpetual protection previously granted by common-law copyright has now been limited by the current Copyright Act to the life of the author plus fifty years. This term subsists until December 31, 2002; or if the work is published on or before December 21, 2002, the term of copyright shall not expire before December 31, 2027. [ 17 U.S.C.A. § 303.]

(c) For works of visual art created after June 1, 1991, the rights of attribution and integrity will subsist for the life of the author. If the work was created earlier, the moral rights will "be coextensive with, and shall expire at the same time as, the [economic rights]." [ 17 U.S.C.A. §106A (d).]

B. Mexico

The Mexican FLAR enumerates the following fifteen categories of works for which author's rights are available: (1) literary; (2) musical, with or without any accompanying words; (3) dramatic; (4) dance; (5) pictorial, drawings; (6) sculptures and plastic characters; (7) caricature and short story (historieta); (8) architecture; (9) movies, audiovisual; (10) radio and television; (11) computer programs; (12) photography; (13) works of applied art including graphical designs and textile works; (14) compilations, integrated work collections, such as encyclopedias and anthologies; and (15) databases, provided that the selection or placement of such collection constitutes an intellectual creation. As in the U.S. Copyright Act, this list is not exclusive because any other work that can be considered a literary or artistic work may qualify for author's rights protection. [ FLAR, supra note 10, Article 13. ]

The FLAR also extends some degree of protection to the titles or headings of magazines or periodical publications. This protection is provided through a "rights reserved" (reserva de derechos) certificate. Essentially, these certificates grant the exclusive power to use and exploit titles, names, denominations, distinctive physical and psychological characteristics in periodic publications, human characters, and advertising campaigns. [ Id. Article 173.] This type of protection lasts one year with respect to newspaper headings or titles and five years with respect to other items protected under this framework. [ Id. Articles 189 and 190.]

As previously mentioned, the Mexican FLAR clearly distinguishes between patrimonial or economic rights and moral rights. An author’s patrimonial rights are protected in Mexico for a term consisting on the life of the author plus seventy five years after his death. [ Id. Article 29] In the case of joint works, the protection is extended to seventy-five years after the death of the last surviving author. [ Id. Article 23.] On the other hand, moral rights protection "lasts for a perpetual term that can be transmitted to the legitimate heirs or to any person through a will." [ Id. Article 3.]

VI. Exclusive Rights and Limitations

A clear demarcation of the rights and limitations granted by the respective copyright statutes of the United States and Mexico is relevant because, as a general rule, any violation of rights constitutes copyrights infringement.

A. United States

In the United States, copyright protection is comprised of a collection of cumulative rights that can be subdivided, transferred and owned separately. [ H.R. Rep. No . 1476, 94th Cong., 2d Sess. 61 (1976).] These rights enable the copyright holder to do and/or authorize any of the following:

(a) Reproduction: The reproduction right grants the privilege to copies or phonorecords of the protected work. [ Roger E. Schechter, Unfair Trade Practices & Intellectual Property 104 (1993).] This right is undeniably the most important economic prerogative established in the copyright act. The term "copies" is defined statutorily as "material objects, .. in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." The term "phonorecords" is defined as "material objects in which sounds, ...... are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." [ 17 U.S.C.A. § 101.]

Under the provisions of the copyright act, the right of reproduction is not absolute. In certain cases, qualified individuals or entities such as computer program owners, libraries, and broadcasters are allowed to make single copies of a work, provided that certain requirements are met. [ See e.g. 17 U.S.C.A §§ 108, 112, 117. ]

(b) Adaptation: The adaptation right is an exclusive prerogative of a copyright and essentially permits the transformation of a work into another form. [ Schechter , supra note 50, at 104.] The Copyright Act refers to this as the right to prepare "derivative works." A "derivative work" is a work which is based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recordings, art reproduction, abridgment, condensation or any other form in which a work may be recast, transformed or adapted." [ Id.]

(c) Distribution: The distribution right entitles the copyright owner to "distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership or by rental, lease, or lending." [ 17 U.S.C.A. § 106.] This right is limited by the doctrine of first sale which establishes the following: "Notwithstanding the provisions of section 106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of the copy or phonorecord." [ 17 U.S.C.A. § 109.] Accordingly, "the copyright owner's exclusive right of public distribution would have no effect upon anyone who owns a particular copy or phonorecord lawfully made..." [ H.R. Rep. No . 1476, 94th Cong., 2d Sess. 79 (1976).]

(d) Public performance: The public The public performance right is granted to owners of literary, musical, dramatic and choreographic works, pantomimes, and motion pictures and other audiovisual works. This right essentially entitles the owner to perform the copyrighted work publicly. This right can be limited in order to permit certain educational and non-profit performances. [ 17 U.S.C.A. § 110.]

(e) Public display: The public display right is granted to owners of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual works. This right entitles the owner to display the copyrighted work publicly. This right is limited in order to allow educational and non-profit performances. [ 17 U.S.C.A. § 110.]

(f) Importation: The importation right entitles the owner of a copyrighted work to prevent the "importation into the United States, of copies or phonorecords of a work that have been acquired outside the United States." [ 17 U.S.C.A. § 602.] The violation of this right constitutes an infringement of the exclusive right to distribute copies or phonorecords. The right of importation does not apply to the importation of copies or phonorecords made under the authority of the U.S. Government, or the private importation of protected works, or certain non-profit importation performed for scholarly, educational or religious purposes. [ Id. ]

This provision is designed to regulate the so-called "gray market". Gray market goods constitute legitimate copies and phonorecords whose manufacture and first sale were authorized by the copyright owner, who, intended to distribute such works in markets other than the United States.

(g). Rights of Attribution and Integrity: The Visual Artist Rights Act (VARA) of 1990, codified in sections 101 and 106A of the Copyright Act, regulates, to some extent, the moral rights established in the Berne Convention and in countries that operate under the civil law system. The VARA grants authors of qualified works the right to claim authorship of the work and to prevent the use of their names in works that they did not create. In addition, the author has a qualified right to prevent any intentional distortion or mutilation of his or her work.

Under the Copyright Act, a work of visual art includes the following: (1) paintings, drawings, prints or sculptures existing in a single copy or in a limited edition of 200 copies or fewer, if those copies are signed and consecutively numbered by the author; and (2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author. [ 17 U.S.C.A. § 101.]

B. Mexico

The Mexican FLAR regulates three broad types of rights granted to authors. The patrimonial or economic rights, the moral rights, and related or neighboring rights

.

(a) Patrimonial or economic: Patrimonial or economic rights permit the exclusive use or exploitation of the protected work. [ FLAR, supra note 10, Article 24.] These rights can be exercised directly or indirectly by the author and can be conveyed in any manner, including sale or rent. [ Id. Article 30.] The basic categorization of economic rights is set forth in Article 27 of the FLAR, , which provides:

"Article 27: holders of economic rights shall be empowered to authorize or prohibit:

I. The reproduction, publication, edition or fixation of a work in copies or duplicates, made by any means, including prints, phonograms, graphics, plastic, audiovisual, electronic or similar means.

II. The public communication of a work in any of the following manners:

a) representation, recitation and public performance in the case of literary works;

b) public exhibition by any means or procedure in the case of literary and artistic works;

c) public access through telecommunications;

III. The public transmission or broadcasting of their works by: cable, optical fiber, microwaves, satellite or any similar means;

IV. The distribution of the work, including sale or any other means for transmitting property of the material objects that contain the work, as well as any means for conveying use or exploitation. When the distribution is made through a sale, this right shall be deemed exhausted after the first sale, except in the case established in article 104 of this law [computer programs];

V. The importation into national territory of copies made without their authorization;

VI. The divulgation of derivative works in any of their forms, such as translation, adaptation, paraphrase, arrangements and transformations, and,

VII. Any public utilization of the work, except in the cases expressly established by the law."

Article 27 of the FLAR confers exclusive economic rights similar to those conferred by the U.S. Copyright Act.

The right of reproduction/publication permits the making of one copy or several copies of a work, phonorecord or video. [ Id. Article 16 VI.] These copies can be made in any tangible form, including the temporary or permanent storage by electronic means. [ Id. ] This right is subject to several limitations. For instance, a lawful owner of a computer program is entitled to make a single copy of the program if that is essential for the utilization of the program or if the copy is used exclusively as a backup in the event of loss or damage to the original copy. [ Id. Article 105.] In addition, a lawful user of a literary or artistic work can make one copy of such works for his/her private use, provided that such a copy is made without profit intent. [ Id. ] Moreover, libraries or certain archives are authorized to reproduce a copy of a literary or artistic work if such a work is out of print or if it is in danger of disappearing. [ FLAR, supra note 10, Article 105 section V.]

The right of adaptation permits the transformation of a work into another derivative form such as translations, arrangements and paraphrases. [ Id. Article VI, 4 II, 78.] Moreover, the owner of a "primigenial work" must authorize any intent to capitalize on a translation. [ Id. Article 78.]

The right of distribution and its limitation, the first sale doctrine, are clearly specified in article 27 section III of the FLAR.

The public performance right, permits the performance of a work before an audience without limiting such performance to a private group or family circle. [ Id. Article 16.] The FLAR expressly provides that the holder of an author's right will not be entitled to payment of royalties for the public performance of a work made through radio or a television set individuals without a profit intent. [ Id. Article 150.]

The public display right is granted to owners of literary and artistic works. The reproduction, communication and distribution of drawings, paintings, pictures and audiovisual works visible from public places are expressly excluded from this right. [ Id. Article 148 (VII).]

The right of importation is clearly mentioned in section V of Article 27. previously transcribed. In contrast to what is established in the U.S. Copyright Act, this right is not subject to any limitations.

(b) Moral rights: As previously mentioned, moral rights are perpetual, inalienable, irrevocable and incapable of renunciation. [ Id. Article 19.] Under the FLAR, an author has the following moral rights:

I. To determine if his work is to be published and the way to do it, or to determine the mechanisms to keep his work unpublished (inédito);

II. To demand the recognition of his author status with respect to his work and order its publication as an anonymous or pseudonymous work;

III. To demand respect for his work, opposing to any deformation, mutilation or modification, as well as to any action or attempt that causes a demerit or prejudice to the author's reputation;

IV. To modify his work;

V. To withdraw his work from commerce;

VI. To oppose to any attribution of a work that he did not create.

(c) Neighboring rights: Unlike the U.S. Copyright Act, which provides only a a limited protection of neighboring rights, [ See Uruguay Round Agreements Act, Pub. L. No. 103-465, § 512, 108 Stat. 4809, 4974 (1994).] Mexico, as a member of the Rome Convention of 1961, [ For the accession of Mexico to the Rome Convention, see "Decreto por el que se promulga el texto de la convención internacional sobre la protección de los artistas, intérpretes o ejecutantes, los productores de fonogramas y los organismos de radiodifusión." [Decree that Promulgates the International Convention on the Protection of Performers, Producers and Broadcasters] (D.O. 05-27-64) (Mex.). The U.S. has not yet ratified this convention. ] provides full protection to artists, recorders and broadcasters. These persons have the right to oppose themselves to the fixation on a material form, or the broadcast of these performance, including live performances, or any other form of communication to the public. The duration of this type of protection is limited to fifty years upon the first fixation of the work, its first interpretation or transmission of the work. [ FLAR supra note 10 Article 122.]

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