We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
Nowadays, it is common for companies to advertise their products
through social media networks. These kinds of promotions often
employ the names of celebrities and public figures, and this
presents a challenge for copyright, in particular, the Mexican
reserve right. The names of celebrities are most commonly used by
linking their names to a website. Hyperlinks are the most essential
quality of Internet, and the most common medium to share
self-created or a third party's content with a broader number
of Internet users.
It is not always clear if providing activated hyperlinks is a
prosecuted activity under copyright. In Mexico, the law seems to
lean towards non-infraction. Providing activated hyperlinks does
not imply a reproduction of works, and it does not represent
—or at least it would be very difficult to
consider— making works available to the public in direct
form, by someone who performs an infringing activity. If it is not
possible to commit a direct infraction, it would be less probable
to happen in an indirect form, since Mexican law does not consider
that kind of infraction. Mexican law does not foresee any exception
that allows the free use of hyperlinks, as other countries'
laws provide. The exception would be unnecessary in the absence of
an indirect responsibility regime.
Under the above, we think that under the Mexican Copyright Law,
any provider of user generated content, and in general, any
Internet operator, may provide active hyperlinks that allow users,
in any form, to perform activities of reproduction, public
communication or making copyrighted works available to the general
public.
The mere mention of the name of a celebrity or public figure on
an advertisement, paying attention to the context it is used on,
does not constitute a copyright infraction —including the
reserva right—, provided that the advertisement does not
imply a relation between the celebrity and the product, a
sponsorship of any kind or that we do not pose as the celebrities
themselves.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The Federal Protection Law of Personal Data (the "Law") was published in the Mexican Federal Official Gazette on July 5, 2010, in Mexico City and was effective one day after its publication.
O antigo lema dos pioneiros da colonização dos Estados Unidos pode muito bem ser adaptado e incorporado por aqueles que pretendem buscar boas oportunidades no mercado do varejo brasileiro.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
