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By: Jaime Israel Dávila Gómez, Attorney
The music industry offers one of the best examples for understanding the various protections that intellectual property can provide. Let’s take a closer look at an example: the debut album release of an artist.
First, it’s highly likely that the artist will have a unique name distinguishing them from other acts in the music scene. This name becomes a genuine trademark and can be registered as such in relevant categories, including entertainment services, digital products, and promotional merchandise. Similarly, the name of the album itself can be protected as a trademark since it serves as a distinctive identifier of that product in the marketplace.
Additionally, the artist’s name can be protected through a legal mechanism under Mexico’s Federal Copyright Law called the “Reservation of Exclusive Rights to a Name.” This offers an extra layer of protection, independent of whether the name is linked to the commercialization of products or services, unlike trademarks.
As for the songs on the album, their respective creators hold copyright over both the music and the lyrics. Performers or musicians whose interpretations or performances are featured on the record also have rights over those performances. Lastly, the creator of the album’s “artwork” (e.g., the cover) holds copyright over that design.
Finally, anyone intending to distribute and commercialize the album must secure the appropriate contracts from all the aforementioned creators, performers, and contributors to ensure legal ownership of the necessary rights and to exploit them without facing legal claims.
