On November 22nd, International Musicians’ Day was celebrated on the feast of St. Cecilia, who in the Catholic Church was declared by Pope Gregory XIII as the patron saint of musicians and therefore UNESCO established it as the date to celebrate all people who play an instrument or even dedicate their lives to this art.
Musicians are the creative force behind a huge industry that intertwines with many other industries for a variety of purposes, such as entertainment through concerts, films and plays; commercial purposes in television and radio advertising campaigns, podcasts; sporting, religious and academic events. Music is also used in restaurants, bars and even in elevators. For all these reasons, it is important to protect the ownership of their creations and to regulate the economic potential that results from them.
Given the importance of musicians, they have been granted recognition and protection for their artistic work, which is part of the cultural heritage and human wealth. In Mexico, musical creators are protected in various ways, particularly through the Federal Copyright Law (the “Law”), which recognizes copyrights in regards of works of several fields, including “musical compositions, with or without lyrics”.
It is worth remembering that copyright comprises the protection of intellectual creations subject to protection under the Law, for original authors, authors of derivative works, performers or even those who are engaged in publishing a musical work (neighbouring rights).
The copyrights of musicians are divided into two: moral rights, and economic rights, which are distinguished below:
Moral rights: These are those related to the creation of a work; they are inalienable, do not expire, cannot be waived and cannot be encumbered. They grant rights such as the right to disseminate the work, recognize their quality as authors, modify the work, etc.
Economic rights: These are rights related to the exclusive exploitation or to authorize others to economically exploit a work and are always temporary. They grant the right to authorize or prohibit the reproduction, publication, edition or material fixation of a work in copies, the public communication of a work; the dissemination of derivative works (such as translations, arrangements or others), etc. In Mexico, ownership rights last for the lifetime of the author and one hundred years after his or her death. These rights are inheritable.
Musicians can participate in the music industry in different roles, such as composers, performers, artists, publishers, producers, arrangers, etc., and in diverse platforms, such as in a studio, remotely, as independent or for a record label, expanding their talent with the advance of technology for more ways to create music and leave a cultural and economic legacy.
There are many cases where artists have suffered abuse from the people with whom they sign contracts for the administration and distribution of their works, affecting their careers and their income, leading to phenomena such as Taylor Swift’s re-recorded songs (“Taylor’s Version”), so it is essential that they know their rights and the ways to protect themselves, to avoid abuse and to be able to live from their art.
At VAHG we provide legal support in copyright matters in order to protect musical work and give legal advice to musicians in Mexico. If you require additional information or if you would like VAHG to review the particular implications for the protection of your musical project and your moral and ownership rights, please contact the partner responsible for your matters or one of the lawyers mentioned below:
| Mariana González Sánchez|Partner
Intellectual Property +52 (33) 38171731 Ext 222|mgonzalez@vahg.mx |
Martín Arias Cuevas | Associate
Intellectual Property +52 (33) 38171731 Ext. 236 | ariascuevas@vahg.mx |
**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document only refers to laws applicable in Mexico.