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Volume XI, Number 174

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Update on the Reform Initiatives to the Mexican Federal Film Law, in Particular the Statement of the Film and Audiovisual Community

On March 10, 2021, a press release was published in several media, that is, a statement of the national cinematographic and audiovisual community regarding the initiative of the “Federal Law of Cinematography and Audiovisual” presented by Senator Ricardo Monreal Avila.

In said statement, it is considered that Senator Ricardo Monreal’s initiative is a first step in the right direction, by establishing a minimum percentage of national content in order to protect hundreds of thousands of jobs, preserve artistic and cultural sovereignty, and to ensure that Mexico continues to be a world reference in high quality productions, great directors, producers, photographers, creatives, musicians and screenwriters.

For better reference the main advances of the initiative are:

  1. It guarantees audiences access to culture, taking into account the diversity and cultural plurality of the Nation; it also specifies a chapter referring to the right and training of audiences.

  2. Adjusts the scope of the existing law, extending it to include other audiovisual works.

  3. Creates a glossary, which advances in the definition of the particularities of the film industry, for a better understanding and operation of the law.

  4. Establishes rules for the exhibition of cinematographic works, such as the obligation to be exhibited in their original language and the definition of the cases and percentage in which they may be dubbed, which is adapted to benefit the plurality and diversity of the cinematographic offer

  5. It generates greater certainty regarding compliance with the screen quota for the exhibition of national works, with the establishment of clear sanctions in case of non-compliance. It also establishes non-concentration, which will guarantee diversity, plurality and equitable access to audiovisual content.

  6. It establishes that the Mexican Institute of Cinematography (IMCINE) will be in charge of fostering and promoting national cinematography.

This is due to the fact that the film and audiovisual production companies, as well as their unions, distanced themselves from the position previously taken by the a Mexican Business Chamber (the CCE), said rupture was due to the fact that national producers state that they agree with the minimum quota for both cinemas (exhibitors) and streaming platforms (read: Netflix, Disney +, HBO, Amazon Prime, Claro, Izzi), to transmit fifteen (15%) of the content produced in Mexico.

José Manuel Santin also contributed to this article.

© 2005-2021 OLIVARES Y COMPAÑIA S.C.National Law Review, Volume XI, Number 85
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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 firm’s entertainment group, which...

+52 (55) 5322 3000
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+52 (55 ) 5322 3000 Ext. 3405
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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
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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 Entertainment Law —the link...

+52 (55) 5322 3000 Ext. 3406
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