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By: Jaime Israel Dávila Gómez, Attorney.
In the art world, particularly in the realm of visual arts, the use of Certificates of Authenticity is common practice. These certificates aim to provide certainty to the buyer regarding the originality and provenance of the artwork, as well as information about its creator or maker.
In Mexico, these certificates are not regulated by the Federal Copyright Law or any other legislation, existing solely as a best practice within the art industry.
Since they are not regulated by our laws, the information and configuration of such documents are not limited in any way. They may include various details about the artwork and the author, as well as third parties – such as a list of sales, involved galleries, among others – as deemed appropriate, along with any desired number of guarantees: seals, signatures, etc.
It would even be perfectly valid to create these certificates using available technologies such as QR codes or blockchain.
However, despite this, most documents of this nature follow the same structure, adhering to best practices considered useful and convenient in creative industries.
Finally, it is pertinent to mention that although there are no laws specifically addressing certificates of authenticity, this does not mean there are no legal implications. All information contained in such a document constitutes a public manifestation regarding the artwork (author, year of creation, etc.), which if inaccurate or erroneous could affect the rights of third parties. In such cases, the certificate itself would serve as useful evidence, despite not being a public document, as it is typically displayed to the public.
For questions or feedback regarding this article, please email israel@despachodavila.com.mx at Davila y Asociados. You can also reach us at José Ma. Larroque 1325, Nueva, 21100 Mexicali, B.C., México, or call us at +52 686 555 7014.
