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
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
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.
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Since its publication in 1947, the Federal Gambling and Raffles Law (the "Law") was not regulated. It was hard to believe that all the regulation for games and raffles was regulated by only 17 brief articles of the Law, an Official Norm and auxiliary –but scant– regulations.
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