Star–Crossed Copyrights: The Story of How Mexico Defied Civil Law Traditions by Infusing Common Law Ideologies into its Audiovisual and Motion Picture Copyright Regulations

Authors

Camila Chediak, University of Miami School of Law

Abstract

This Note was inspired by the out–of–the–ordinary, yet practical approach that Mexico chose to implement when it waived certain longstanding copyright moral rights principles in favor of the U.S. common law work–made–for–hire approach for its audiovisual and motion picture regulations. Since the inception of its copyright law, Mexico has strictly adhered to the civil law ideologies that are generally standard to civil law countries, particularly in its loyalty to the original creators of creative works through the moral rights doctrine. The United States, on the other hand, favors utilitarian ideologies that emphasize the societal importance of fostering innovation through the balance of creator rights and limitations. This Note will breakdown and analyze Mexico’s unique “hybrid law” that incorporates a work–made–for–hire exception to its moral rights ideologies through (1) the examination of each country’s traditional copyright laws, (2) the analysis of two international treaties that influenced the creation of the copyright exception, and (3) the effects of the hybrid law on the audiovisual and motion picture industries. Furthermore, this Note will discuss how the hybrid law created the flexibility to promote greater collab-oration between the United States and Mexico.

Recommended Citation

Camila Chediak, Star–Crossed Copyrights: The Story of How Mexico Defied Civil Law Traditions by Infusing Common Law Ideologies into its Audiovisual and Motion Picture Copyright Regulations, 53 U. MIA Inter-Am. L. Rev. 105 (2022)
Available at: https://repository.law.miami.edu/umialr/vol53/iss2/4