Mexico's copyright statute and regulation is the Federal Copyright Act (1996) (FCA) and the Regulations to the Federal Copyright Act (1998). The following provisions also govern copyright:
The below and most other binding criteria can be found online:
Mexico signed the Paris Act on 24 July 1971. The Berne Convention was published in the Federal Official Gazette on 24 January 1975. Mexico ratified the two WIPO Copyright treaties in 1996. It is a member of the WTO and has followed the TRIPS Agreement since 1 January 1994.
Mexico is a party to the following multilateral agreements.
Mexico is a party to the following bilateral and regional agreements:
Foreign authors or holders of rights and their successors in title shall enjoy the same rights as Mexican nationals under the terms of the FCA and international treaties on copyright and related rights signed and approved by Mexico.
The protection provided by the FCA is granted to works from the moment they are fixed on a material medium, regardless of their merit, intended purpose or form of expression.
The recognition of copyright and neighbouring rights does not require registration nor documentation of any kind, and is not subject to compliance with any formality.
The FCA provides that copyright protection will be granted to works from the moment they are fixed on a material support. No special notices are needed for protection. Protected works under the Federal Copyright Act must display the notice “Reserved Rights” (or its abbreviation “D.R.”), followed by the © symbol, the full name and address of the copyright holder and the first year of publication. Omission of these requirements will not imply the loss of copyright but it constitutes a copyright infringement and could result in economic penalties against the licensee or responsible editor.
The Public Registry of Copyright is available to the public.
The categories of copyrightable works in Mexico are:
Other works which, by analogy, may be considered literary or artistic will be included in the branch which is most appropriate given their nature.
Software is protected by copyright in the same way literary works are protected.
Databases may benefit from copyright protection as compilations if they constitute an original intellectual creation by reason of their selection or the arrangement of their contents or subject matter.
The FCA provides that databases that are not original will be protected in their exclusive use by who created them, during a term of five years.
Access to private information related to the persons contained in the databases, as well as the publication, reproduction, dissemination, public communication and transmission of said information, will require the prior authorisation of the persons in question.
The FCA does not provide express copyright protection to industrial designs.
However, the owner of a design may obtain both industrial design and copyright protection (as a pictorial or drawing work), if the design complies with the legal requirements for protection.
The FCA regulates a figure that grants legal protection, called the Reservation of Rights to the Exclusive Use. These reservations can grant a right of exclusive use over the following genres.
A person whose name or pseudonym, either known or registered, appears as that of the author of a work shall be considered such in the absence of proof to the contrary, and actions brought by that person for the violation of their rights shall consequently be entertained by the competent authorities and/or courts.
With regard to works written under a pseudonym or whose authors have not made themselves known, litigation for the protection and enforcement of the rights therein shall be the responsibility of the person who makes them known to the public with the author’s consent. This responsible person shall serve as an administrator until the owner of the rights appears in the concerned proceedings, unless previously agreed otherwise.
According to the FCA, works of joint authorship are those that have been created by two or more authors and rights shall accrue to all the authors equally, unless otherwise agreed or unless the authorship of each creator is specified.
In order to exercise the rights established by the FCA, the consent of a majority of the authors is required, which will bind all. In that case, the minority is not compelled to contribute to the expenses but may have access to the benefits obtained. When the majority makes use or exploits the work, it will deduct from the total collection the amount of expenses incurred and will give the minority the corresponding participation. When the part made by each of the authors is clearly identifiable, they may freely exercise the rights referred to in the FCA in the part corresponding to them. Unless otherwise agreed, each of the co-authors of a work may apply for registration of the complete work with the National Institute of Copyright (INDAUTOR).
Unless otherwise agreed, the copyright in a work with music and words shall belong in equal shares to the author of the literary part and to the composer of the musical element. Each may freely exercise the rights in the part attributable to them or in the whole work, and in the latter case they shall notify the other co-author, mentioning that co-author’s name on the publication, and in addition shall pay them the share to which they are entitled when the rights are exercised for profit-making purposes. Unless otherwise agreed, a film producer shall be considered the owner of the economic rights in the entire work.
Upon the death of one of the co-authors or holders of the economic rights without heirs, their right shall accrue to the other co-authors.
The FCA recognises the protection of copyright for pseudonymous works. Anonymous works may be freely used until the author makes themselves known or there is an identified owner of economic rights.
In terms of authorship, works in Mexico can be as follows:
The owner of the moral rights may at any time:
Any person, whether natural person or legal entity, who publishes a work must state the author’s name or pseudonym, or if the work is anonymous.
A person whose name or pseudonym, either known or registered, appears as that of the author of a work shall be considered such in the absence of proof to the contrary, and actions brought by that person for the violation of their rights shall consequently be entertained by the competent courts.
In Mexico, there is no concept of “orphan works". Should there be no author, the rights would fall to the heirs.
As per the FCA, collective works are those created by the initiative of a natural or legal person who publishes and discloses the work under its direction and name and in which the personal contribution of the authors who participated is joined in the unit for which it has been conceived, without it being possible to attribute to each of them a different and undivided right over the entire work.
There are no specific provisions in the FCA regarding the way collective works are exploited.
Only natural persons can be considered authors of works in Mexico. A corporation in Mexico cannot be considered the author of a work, but it can be the owner of the economic rights by means of a contract or work relation, in such a way that the author is the natural person who has created a work and the corporation can be owner of the copyright.
Unless otherwise agreed, the person, whether natural person or legal entity, who commissions the production of a work or produces such a work with others working for remuneration shall enjoy the ownership of the economic rights therein, and the rights relating to the disclosure and integrity of the work and the making of collections involving this type of creation shall accrue to them. Yet, it is important to consider that in such scenario there must be an agreement in writing clearly indicating that the work was commissioned.
Works created in official government service, entities at different levels of government or universities are understood to be under the terms of the paragraph above, unless otherwise agreed.
In the case of a work carried out as a result of an employment relationship, in the absence of any agreement to the contrary, it will be presumed that the economic rights are divided equally between the employer and the employee. The employer may disclose the work without the employee's authorisation, but not vice versa. In the absence of a written contract of employment, the rights to property shall be vested in the employee.
The owners of the economic rights may authorise or prohibit:
Economic rights shall remain in force for:
Economic rights can be recaptured since assignments are normally temporary and, thus, the rights may eventually return to the author. If the owner of the economic rights is different from the author and dies without heirs, the rights will revert to the author.
The owner of the economic rights may freely, subject to the provisions of the FCA, transfer their economic rights or grant exclusive or non-exclusive licences for use. Any transfer of economic rights must be in exchange of a consideration and temporary. In the absence of agreement on the amount of remuneration or the procedure for setting it, or on the time limits for the payment thereof, the competent courts shall decide the matter.
Any licence affording exclusive rights shall be expressly granted as such and shall give the licensee, where not otherwise agreed, the right to exploit the work to the exclusion of any other person, and the right to grant non-exclusive authorisations to third parties.
Transfer of Economic Rights
In the absence of any express provision, any transfer of economic rights shall be for a term of five years. A term of more than 15 years may only be agreed upon in exceptional cases, dictated by the nature of the work or the scale of the required investment. For example, the exploitation of cinematographic films is a scenario in which more than 15 years may be agreed upon since the investment justifies it. Software constitutes an exception in that the assignment of copyright over software is not subject to any limitation in respect to time.
Acts, agreements and contracts by which economic rights and licences granted are transferred shall invariably be made in writing. Failure to do so will result in the agreement being null and void. They shall be entered in the Public Copyright Register in order to have effects against third parties. Agreements duly executed and recorded in the Public Copyright Register cannot be voided or invalidated against bona fide third parties. Agreements transferring copyrights signed before a notary public and recorded with the Public Copyright Registry can be executed before a judge to compel compliance through a special executive proceeding.
Any transfer of economic rights shall provide for the grant to the author or to the owner of the economic rights of a proportional share in the proceeds from the exploitation concerned, or a predetermined, fixed amount of remuneration. That right is non-renounceable.
Economic rights shall remain in force for the life of the author and 100 years after their death, at which point heirs may exercise and dispose of economic rights.
When the work belongs to two or more co-authors, the 100 years shall be counted as from the death of the last surviving co-author.
If the owner of the economic rights is different from the author and dies without heirs, the rights will revert to the author.
There is no minimum age requirement in the copyright law; however, in Mexico, only individuals of legal age (18 years and over) may exercise legal rights. Therefore, for minors, the general provisions established in the Federal Civil Code shall apply. Essentially, the minor would have to exercise their rights through their parents or other legal guardian, a duly appointed tutor for instance in the case of orphans.
The following types of specific contracts for the transfer of economic copyright are regulated by the relevant legislation:
The above are not the only form of transfer of economic copyright, as there are also Contracts of Work Made for Hire, Labour Contracts, licences for the use of works and other contacts in multiple fields which may involve the transfer of these rights.
Acts, agreements and contracts by which economic rights and licences granted are transferred shall invariably be made in writing. Failure to do so will result in the agreement being null and void. Any transfer of economic rights shall provide for the grant to the author or to the owner of the economic rights of a proportional share in the proceeds from the exploitation concerned, or a predetermined, fixed amount of remuneration. That right is non-renounceable. The acts, agreements and contracts by which economic rights are transferred shall be entered in the Public Copyright Register of INDAUTOR in order to have effects against third parties.
With regard to the distribution of the work, where distribution is made by means of sale, the right of opposition shall be considered exhausted on the first sale. As an exception to this provision, the owner of economic rights with respect to software or a database will maintain, even after the sale, the right to authorise or prohibit leasing. This will not apply, however, when the database or software does not constitute essential subject matter of a licence.
The author is the sole, original and perpetual owner of the moral rights in works created by them. Moral rights shall be regarded as vesting in the author and shall be inalienable, imprescriptible, non-renounceable and non-sizable. The owner of the moral rights may at any time:
The right to exercise moral rights shall belong to the creator of the work or their heirs.
Heirs may only exercise the rights described in points one, two, three and six above. Where applicable, the federal government may exercise those described in points three and six.
The importation, manufacture, distribution and use of apparatus, or the rendering of services, the purpose of which is to remove the technical protection of transmissions by electromagnetic waves and over telecommunication networks, is forbidden and constitute trade-related infringements.
A person shall be liable for damages and lost profits if, without permission, they:
As per Mexico's Federal Criminal Code, manufacturing for profit a device or system that will deactivate the electronic protection devices of a computer program is considered a felony, punishable with three to ten years' imprisonment and a fine.
A recent reform has greatly enhanced the protection granted in respect to technological protection measures and digital rights management information.
Disabling or otherwise eluding or helping others elude technological protection measures is illegal and can result in considerable fines not only for the individual eluding the measures but also for anyone helping or offering to help do so. This prohibition extends to importing, offering, selling, manufacturing and in general making available any product or services that would be used for that purpose or that would be designed for that purpose or that would be advertised for that purpose. If the elusion of technological protection measures or the actions on products or services used to elude technological protection measures are made for commercial gain, criminal liability may be imposed.
The law protects rights management information in a similar manner. Deleting or altering the rights management information on a work or interpretation or recording is punished by severe fines, so is knowingly distributing, importing or selling copies thereof with the deleted or altered rights management information. If such actions are done for profit, criminal liability may be imposed as well.
The law balances the protection over technological protection measures and rights management information with several exceptions such as testing the security of computer systems, reverse engineering of software to ensure interoperability, protecting minors from inappropriate contents, protecting personal data, etc. The law further delegates into the Mexican National Copyright Institute the authority to consider and approve additional exceptions.
A collective management society (CMS) is a non-profit legal entity that is set up with the purpose of protecting both national and foreign authors and owners of neighbouring rights, and collecting and delivering the sums payable to them by virtue of their copyright or neighbouring rights.
The successors in title of authors and owners of neighbouring rights residing in Mexico may belong to a CMS. Belonging to a CMS is entirely optional and authors and rightsholders may exercise their rights individually if they prefer.
The societies shall be formed for aiding their members and shall base their actions on the principles of collaboration, equality and equity.
The right to operate as a CMS requires authorisation by INDAUTOR, which shall order publication of the said authorisation in the Official Gazette of the Federation. Said authority shall reserve the right to conduct audits and investigations at the request of ten percent of the members of the society.
There can be more than one CMS, and the administrative authority on copyright can authorise societies that may operate to defend the rights and prerogatives of authors or holders of related rights and their successors in title, in accordance with the following:
A CMS shall pursue the following aims:
A CMS has the following obligations:
In a music publishing contract, the author or owner of the economic rights assigns the right of reproduction to the publisher and entitles them to carry out the fixation and phonographic reproduction of the work, its audio-visual synchronisation, communication to the public, translation, arrangement or adaptation, and any other form of exploitation provided for in the contract; the publisher shall undertake to disclose the work by all means available to them, receiving in return a share in the economic profits.
However, in order to carry out audio-visual synchronisation, adaptation for advertising purposes, translation, arrangement or adaptation, the publisher must in each specific case have the express permission of the author or their successors in title.
Producers of phonograms have neighbouring rights upon their music recordings which are independent of the copyright over the musical work. The producer company is allowed to oppose the reproduction or exploitation of its recordings, the import of unauthorised copies, the leasing, distribution or making available of the recording, etc. However, once the recording is lawfully made available in commerce, the record company cannot oppose its public communication and only may demand payment for use.
Literary and artistic works that have been disclosed may be used only in the following cases without the consent of the owner of the economic rights and without payment, provided that the normal exploitation of the work is not adversely affected thereby and provided also that the source is invariably mentioned, and that no alteration is made to the work.
Additionally, the following may be done without authorisation.
Limitations to Copyright
The Mexican system provides for specific limitations to copyright and related rights in which the publication or translation of literary or artistic works necessary for the advancement of national science, culture and education is in the public interest. When it is not possible to obtain the consent of the owner of the corresponding economic rights, and by means of the payment of a compensatory remuneration, the Federal Executive, through the Ministry of Culture, ex officio or at the request of a party, may authorise the publication or translation mentioned. The foregoing shall be without prejudice to the international treaties on copyright and related rights signed and approved by Mexico. Upon the death of one of the co-authors or holders of the economic rights without heirs, their right shall accrue to the other co-authors.
The Mexican legal system provides legal certainty and guarantees to cultural industries to establish clear and precise exceptions instead of having general and ambiguous legal provisions subject to interpretation that is not otherwise clear or secure for the sector.
An exception to copyright for private copying is established in Mexico: a work may be reproduced, in a single copy, for the personal and private use of the person making it and without profit-making purposes; however, legal entities may not avail themselves of this, except in the case of an educational or research institution, or one not engaged in commercial activities.
With respect to software, the lawful user of a computer program is allowed to make the copies authorised by the licence, or at least one copy if necessary for the operation of the program or for backup purposes.
Literary and artistic works that have been disclosed may be used without the consent of the owner of the economic rights and without remuneration, provided that the normal exploitation of the work is not adversely affected, that the source is mentioned and that no alteration is made to the work. This includes the reproduction, communication and distribution of drawings, paintings, photographs and audio-visual processes of works that are visible from public places.
However, certain works of substantial historic or artistic value may be declared as national monuments by the Mexican government. Such is the case of all the works from artists such as Diego Rivera and Frida Kahlo, constructions such as Mexico’s Independence Memorial, pre-Columbian buildings, etc. For such works, authorisation will be needed from either the National Institute of Fine Arts (INBA) or the National History Institute (INAH) to make a replica of the monument, at any scale and with any technique. The permit will only be granted if the proposed use is respectful and will not normally be granted if the use involves the advertising of tobacco or alcoholic beverages.
The law differentiates internet access providers who provide connection to the internet and online service providers who store content online at the request of the user or link users to the same. A social network or search engine would fall within the definition of an online service provider. Neither is required to perform an active screening of contents for copyright infringement.
For online service providers such as social networks and search engines there is a safe harbour provision. They can avoid liability if they swiftly remove access to infringing contents as per a notice received from the copyright holder or from a competent government authority. They must have a policy in place to suspend the accounts of repeat offenders. Users who upload allegedly-infringing contents may submit a counter-notice defending a removed content, in which case the online service provider may restore the content if the copyright holder does not bring a legal challenge within 15 days. Submitting a false statement in a notice or counter-notice can result in a fine.
Regarding internet access providers, they will not be liable for contents transmitted or stored in their systems if they do not choose the contents, their receivers and the beginning of the transfer and if they include and do not interfere with technological measures that identify and protect copyright, provided such measures shall not constitute an undue burden on the internet access provider.
An exception to copyright for satire and/or parody is not established in the FCA.
The Mexican Constitution establishes freedom of expression of ideas in all its manifestations and guarantees the right to information. The Universal Declaration of Human Rights, to which Mexico is a party, also protects this right.
The registration of a literary or artistic work may not be refused or suspended in Mexico on the ground that it is contrary to morality, respect for private life or public order, except by court ruling.
The exceptions described in 7.1 Fair Use Doctrine/Fair Dealing, have, among others, the purpose of protecting freedom of speech, right of information and other human rights. However, the exercise of these rights may not affect the exclusive rights afforded by copyright.
Performer is the actor, narrator, speaker, singer, musician, dancer or any other person who performs a literary or artistic work or an expression of folklore or who engages in a similar activity, even though they may have no pre-existing text to guide their performance.
The performer shall have the right to have their name associated with his/her performances, and to object to any distortion or mutilation of his/her performance or other adverse act in relation to it that might damage his/her prestige or reputation.
The book publisher is the natural person or legal entity that chooses or plans a publication and carries out the production directly or through third parties.
Book publishers shall have exclusive rights in the typeface and graphic features of each book insofar as they are original.
Producers of Phonograms
A producer of phonograms is the natural person or legal entity who first fixes the sounds of a performance or other sounds, or a digital representation thereof, and shall be responsible for the editing, reproduction and publication of phonograms.
Producers of phonograms shall be entitled to receive remuneration for the use or exploitation of their phonograms for direct or indirect profit-making purposes, in any medium or communication to the public or making them available.
Producers of Videograms
A producer of videograms is the natural person or legal entity who first fixes related images, with or without incorporated sound, that give an impression of movement, or a digital representation of such images, whether constituting or not constituting an audio-visual work.
The producer shall enjoy with respect to their videograms the right to authorise or prohibit their reproduction, distribution and communication to the public.
An entity holding a concession or license that is capable of emitting sound or visual signals or both that may be received by an audience of more than one person shall be considered a broadcasting organisation. They have the right to authorise the re-transmission, delayed transmission, public communication and fixation and copying of their broadcasts. In addition, the unauthorised decryption of signals can constitute a crime.
Mexico's copyright regulation does not provide for specific contracts in order to transfer, licence or sell neighbouring rights.
The following may be done without authorisation:
The recording and fixation of the image and sound, carried out in the manner described above, shall not require any additional payment other than that due for the use of the works. The provisions of this shall not apply where the authors or performers have entered into an agreement for consideration that authorises subsequent broadcasts.
The FCA provides that the publication or translation of literary or artistic works necessary for the advancement of national science, culture and education is considered of public utility. When it is not possible to obtain the consent of the owner of the corresponding economic rights, and through the payment of compensatory compensation, the Federal Executive, through the Ministry of Culture, ex officio or at the request of the party, may authorise the publication or translation. The foregoing will be without prejudice to international treaties on copyright and related rights signed and approved by Mexico.
The law contains a catalogue of two distinct kinds of copyright infringements. First there are infringements to copyright law, which refer to administrative breaches of the obligations set forth by the law to various individuals and entities, and can be punished by a fine imposed by the National Copyright Institute:
In addition, the law foresees the following infringements of copyright and neighbouring rights. These infringements are punished by the Mexican Institute of Industrial Property:
As indicated above, the elusion of technological protection measures and the deletion or alteration of digital rights management information can also be punished. In addition, the Federal Criminal Code can impose criminal liability on certain forms of infringement made for profit, such as making unauthorised copies of works for profit, eluding technological measures for profit, etc.
Copyright holders may file civil, criminal and administrative complaints, depending on the nature of the infringement and the right that will be enforced. Defences include limitations to copyright, arguing that authorisation was obtained, that the plaintiff does not hold the copyright, etc.
In disputes over rights protected by the FCA, parties may submit their dispute to mediation (settlement meetings or arbitration proceedings as ADR) or arbitration.
The plaintiff has three routes to pursue infringement.
First, to initiate an administrative proceeding before the Mexican Institute of Industrial Property or the National Copyright Institute, depending on the specific provision that has been allegedly infringed. This proceeding can be initiated through a formal complaint or ex officio. If an infringement is found, a severe fine will be imposed and an injunction issued ordering the infringing conduct to desist under threat of additional fines.
Second, the plaintiff may file a civil claim for damages before a civil court. There is concurrent jurisdiction and the claim may be brought in either a state or federal court. The procedural rules would depend on whether it is a state court or a federal court.
Third, certain kinds of copyright infringement constitute federal crimes and the rights-holder may file a claim with a federal public prosecutor. The public prosecutor will then, with the help of the rights-holder investigate and build up the case for submission to the court. The court will then take control of the investigation and, if the legal requirements are met, the case will move forward to a criminal trial.
Depending on their nature, copyright proceedings may be initiated before INDAUTOR, the MIIP, civil courts or criminal courts.
The federal courts shall hear disputes arising from the application of the Federal Copyright Act, but where such disputes affect only particular interests, they may be heard, at the choice of the plaintiff, by the local (state) courts of the common order.
According to amendments made to the FCA in 2015, for the exercise of the actions derived from the FCA and its Regulations, it will not be necessary to exhaust any administrative procedure or previous action as a condition for the exercise of such actions, so the affected party may choose to go to a specialised authority or directly to the federal courts.
The parties are the complainant, the alleged infringer and, in accordance with the supplementary provisions, any interested third party. Licensees are free to participate in the procedure with the authorisation of the licensor.
Third parties are treated as parties to the proceedings with full procedural guarantees.
The holders of the rights recognised by the FCA, their representatives or the CMSs that represent them may request the granting and execution of the following precautionary measures to prevent, impede or avoid the violation of their economic rights:
In the cases foreseen in the previous sections, a bond should be posted to cover possible damages. At least 72 hours before submitting the judicial request, the owner must give written notice to the alleged infringer of the violation of their rights.
The use of experts in judicial proceedings depends on the judge and the parties involved or the enforcement authorities. Their use is gradually increasing.
Within the private arbitration procedure, the use of private experts is indispensable for the alternative resolution of copyright disputes.
The Mexican legal system contemplates the seizure of counterfeit goods by means of an administrative procedure before the Mexican Institute of Industrial Property or before the Office of the Attorney General, but it does not contemplate to date officio powers of the customs authority for the seizure. Instead, customs officials will have to inform the copyright holders so that they initiate the respective legal proceedings to hold or seize the infringing goods.
In general, the following remedies and sanctions are available for copyright infringement:
As explained in 9.3 Proceedings Available to the Copyright Holder, under certain circumstances, administrative infringements may qualify as criminal offences. Civil sanctions may also apply depending on each case under the 2014 reforms to the Federal Copyright Act.
The type of appellate procedure will depend on the nature of the proceeding with respect to which the appeal is filed (eg, administrative, civil, criminal). Decisions issued by INDAUTOR and the MIIP may be challenged through a writ of review, which is filed before the same administrative authority.
Another alternative for challenging decisions issued by INDAUTOR and the MIIP is filing an appeal before the Specialised Chamber on Intellectual Property Matters of the Federal Administrative Justice Tribunal (FAJT). This alternative is available against first instance decisions of the referred administrative authorities and is also a means of appealing decisions regarding writs of review.
The decisions of the FAJT may be challenged before federal circuit courts. This is usually the last instance; however, in certain cases, decisions of the circuit courts may be appealed before the Supreme Court.
There are provisions in the Commercial Code that allow nine days to file an appeal against a final judgment, six days for an interlocutory judgment or an order for immediate processing, and three days to file a preventive appeal against an interlocutory judgment or an order for processing jointly with the final judgment.
For civil actions, once the decision of the case is issued, the parties can appeal and raise before the appellate court all the objections they made during the initial process plus the objections they might make on the merits against the decision itself. For a criminal case, depending on the stage of the proceedings and the motive for the objection, the party may appeal in similar fashion to a civil case or argue a violation of human rights before a constitutional judge.
In administrative proceedings, each party is responsible for bearing their own costs and expenses.
In civil proceedings, courts may decide on the payment of costs of litigation that are commonly awarded to the winner of a trial when the loser files appeals to delay the court proceedings and the enforcement of the judgment.
The FCA establishes two alternative procedures for the resolution of disputes related to the subject matter of copyright and related or associated rights, namely conciliation and arbitration.
Conciliation proceedings shall take place before the INDAUTOR, at the request of either of the parties, in order to amicably settle a dispute that has arisen out of the interpretation or implementation of the FCA. The proceeding is initiated on a complaint, which is filed in writing with the INDAUTOR by the person who considers that their copyright, neighbouring rights or other rights protected under the FCA have been adversely affected.
The deliberations of the hearing shall be considered confidential, and consequently all records thereof shall be notified only to the parties to the dispute or to competent authorities that request them.
Where the conciliation procedure is not successful, the INDAUTOR shall urge the parties to resort to arbitration. The maximum duration of the arbitration shall be 60 days, which period shall be calculated from the day following the date specified in the document containing the acceptance of the arbitrators. The INDAUTOR publishes every year a list of credited arbiters for copyright disputes.
It should be noted that both alternative procedures for the resolution of disputes must have the express consent of the parties for their origin, otherwise any dispute must be dealt with before the competent courts.