Fictitious Characters

March 14, 2008
Fictitious Characters

In addition to literary, artistic, musical and software works, etc., the Mexican Federal Copyright Law (Ley Federal del Derecho de Autor)protects the rights of authors, which grants such authors the exclusive use of names, titles, denominations, distinct physical andpsychological characteristics or characteristics of original operational applications, periodical publications, periodical disseminations,human personal caricatures or fictitious or symbolic characters, persons or groups dedicated to artistic activities, artistic and promotionaland publicity activities. Allow us to point out that the concept known as a “fictitious person,” which includes those personalities orcharacters that are not real, but which may be registered to protect the rights of the creators of such fictitious persons against use byunauthorized third parties. The purpose of obtaining protection of these rights is to protect the psychological profile of a character, which isan absolute requirement for granting protection of the author’s rights. In accordance with Mexican law, the author of such characters neednot be an individual, and may be an entity (whether as author or assignee of such rights), who seeks to obtain this protection.

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