Propiedad intelectual

By Instituto Mexicano de Tecnología del Agua is distributed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Based on a work at https://www.revistatyca.org.mx/. Permissions beyond what is covered by this license can be found in Editorial Policy.

Federal Copyright Law
Chapter II
On the Limitation of Patrimonial Rights

Article 148.- Literary and artistic works that have already been disclosed may be used, provided that the normal exploitation of the work is not affected, without the authorization of the owner of the economic rights and without remuneration, invariably citing the source and without altering the work, only in the following cases:

I. Quotation of texts, provided that the amount taken cannot be considered as a simulated and substantial reproduction of the content of the work;

II. Reproduction of articles, photographs, illustrations and commentaries referring to current events, published by the press or broadcast by radio or television, or any other means of dissemination, if this has not been expressly prohibited by the owner of the right;

III. Reproduction of parts of the work for scientific, literary or artistic criticism and research;

IV. Reproduction once only, and in a single copy, of a literary or artistic work, for the personal and private use of the person who makes it and for non-profit purposes. Legal entities may not avail themselves of the provisions of this section except in the case of an educational or research institution, or one that is not engaged in commercial activities;

V. Reproduction of a single copy, by an archive or library, for security and preservation reasons, and which is out of print, out of print and in danger of disappearing;

VI. Reproduction for the record in a judicial or administrative proceeding; Fraction reformed DOF 17-03-2015

VII. Reproduction, communication and distribution by means of drawings, paintings, photographs and audiovisual procedures of the works that are visible from public places; and Fraction reformed DOF 17-03-2015

VIII. Publication of non-profit artistic and literary works for persons with disabilities. Section added DOF 17-03-2015 Article 149.

The following may be carried out without authorization:

I. The use of literary and artistic works in stores or establishments open to the public, which sell copies of such works, provided that there are no admission charges and that such use does not transcend the place where the sale takes place and its sole purpose is to promote the sale of copies of the works, and

II. The ephemeral recording, subject to the following conditions: a) The transmission shall be made within the period agreed upon for that purpose; b) No concomitant or simultaneous broadcasting or communication shall be made on the occasion of the recording, and

III. c) The recording shall only give the right to a single broadcast. The recording and fixation of the image and sound made under the aforementioned conditions shall not obligate any additional payment other than that which corresponds to the use of the works. The provisions of this section shall not apply in the event that the authors or artists have entered into an agreement of an onerous nature that authorizes subsequent broadcasts.

Source: Federal Copyright Law. Chamber of Deputies of the H. Congress of the Union. General Secretariat. Secretariat of Parliamentary Services. Last Reform DOF 13-01-2016.