February 5, 2023

Volume XIII, Number 36

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General Law of Libraries (LGB) and the Legal Interpretations of The Resolution by the Supreme Court of Justice (SCJ), Related to the “Amparos” Under Review File Numbers 132/2022 and 164/2022

On June 23, 2022, two reports were released to the general public, detailed below:

The first report comment states that the Supreme Court of Justice set limits to the General Law of Libraries with the purpose that public libraries will not be able to put works and productions for public consultation, without the prior authorization of the copyright holders.

The SCJ studied the merits of the first two cases concerning the “amparos” promoted by more than 80 producers and authors of content regarding the LGB, after which two sentences by district judges were confirmed, in which it was said that the depository libraries must always respect the Federal Copyright Law (LFDA).

The SCJ in the two sentences established that the LGB is not unconstitutional because it establishes that its articles must be applied in accordance with the applicable legal provisions within which the LFDA is found. When the SCJ establishes the above, there is no unconstitutionality since the law itself indicates that the LFDA is applicable.

The SCJ determined that there is no conflict because the articles of the LGB must be applied following what is established by the LFDA, which is in harmony with various international treaties that Mexico has signed so that in the case of an antinomy between the LGB with the LFDA, the second will prevail.

We consider that the language that must be used in the reform of the LGB is: “it must be applied in accordance with the applicable legal provisions”, this includes the LFDA, which is the reasoning of the SCJ to conclude that there is no unconstitutionality in the law.

In the second report, it is commented that the Court determined that the General Law of Libraries does not violate copyright.

The SCJ determined that the requirement by the LGB of publishers to deliver copies of all their editions and productions for consultation and preservation does not violate copyright, because its purpose is to preserve cultural heritage as an objective of public interest.

Unanimously, the SCJ refused to protect the book companies called “Para Imaginar” and “Alternativa Representa”, who challenged the statute that came into force in June 2021 and ordered newspapers, magazines, and book publishers, phonograms, and audiovisuals, to deliver free copies of their publications.

We consider that the content of the second report is unrelated to the legal truth of the interpretation of what resulted in the two sentences of the SCJ about the two “amparos”.

We conclude that an “amparo” was not necessary in the terms that were proposed since everything was redundant and obvious, that is, that the LGB already recognized the application of other laws, about deposits, which included the LFDA. The LGB is constitutional because it does not go against copyright.

It is important to mention that our firm filed and won an “amparo” for a client, establishing in the respective sentence, among other things, that the delivery obligation for the legal deposit should NOT be fulfilled since the LGB did not expressly establish that the LFDA was applicable and until the LGB was reformed expressly establishing the respect for the LFDA by the LGB, it would be unconstitutional. In fact, the proposal to reform the LGB establishes the express application of the LFDA.

© 2005-2023 OLIVARES Y COMPAÑIA S.C.National Law Review, Volume XII, Number 192
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About this Author

Partner

Dubbed by his peers as “one of the most knowledgeable IP lawyers in Mexico,” according to Chambers and Partners, Luis Schmidt’s focus is on achieving fair and just protection for his clients. He joined OLIVARES in 1991, became a partner in 1995, and has almost 40 years of  legal experience, with a specialization in the area of copyright in the business of entertainment and culture. He has represente the world’s leading companies in the music, film, television, book publishing, fine art, design, folklore and software.

Mr. Schmidt is head of the...

+52 (55) 5322 3000
Attorney

Mauricio joined OLIVARES in 2011. He initially worked for two years with our litigation team. In 2014, he became part of the Copyright and Media, Sports and Entertainment Law teams. He advises clients on drafting and negotiation of contracts related with the entertainment industry. In addition to contracts, his practice focuses on providing legal opinions regarding the protection and enforcement of copyrights, and creating legal strategies to avoid copyright violations.

+52 (55) 5322 3000 Ext. 4108
Attorney

Jaime Rodriguez is a trademark Attorney at OLIVARES with more than 5 years of experience. His work is mainly focused on registration of distinctive signs, as well as trademark litigation consultancy, providing our clients an integral assistance and advisory with respect to their chances of obtaining an accurate protection in connection with their intellectual property creations, and the defense of the rights derived from the latter. Jaime’s work in Mr. Luis Schmidt’s group gains relevance when providing assistance regarding the link between distinctive signs and...

+52 (55) 5322 3000 Ext. 3406
Attorney

Guillermo Treviño’s tasks comprise obtaining protection for our clients of: reserva rights (names of TV programs, printed matter, diffusion via computer networks, names of fiction characters or human characterizations and their features, etc.) recordation of works (drawing, computer programs, photography, audiovisual works, applied art, etc.), in order that third parties do not seek to use such protections in the Copyright field. He deals with negotiations with collecting societies for royalties collection, as well as obtaining the permits and licenses from the owners of...

+52 (55 ) 5322 3000 Ext. 3405
Attorney

Moisés joined OLIVARES in April 2021, before he worked in a law firm within the area of ​​civil, commercial, and family litigation, as well as in the Health Commission of the Senate of the Republic and the Justice Commission of the Mexican Federal Congress. In August 2019 he began his Master of Laws LLM in Law and Technology at Tel Aviv University in Israel, taking extensive international courses of high academic level in Intellectual Property. At OLIVARES he is part of the Entertainment and Copyright team led by Luis C. Schmidt, where his work is advising clients in the...

52-55-5322-3000
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