Dear clients and friends,
With the aim of strengthening the protection of copyright and facilitating access to alternative dispute resolution mechanisms, the Ministry of Culture of the Government of Mexico, through the National Copyright Institute (INDAUTOR), has announced a significant measure regarding administrative copyright procedures.
Below, we outline the most relevant aspects of this agreement:
What does the measure announced by INDAUTOR consist of?
- Elimination of fees: As of January 1, 2026, fees will be eliminated for services related to the administrative conciliation (avenencia) procedure before INDAUTOR.
- This measure applies to all actions carried out within said procedure, regardless of the type of user.
What does this mean for users?
As of the entry into force of this measure, users (authors, collective management societies) will be able to, without the payment of any fees:
- File the initial complaint to initiate the conciliation procedure.
- Hold subsequent conciliation hearings, aimed at facilitating an agreement between the parties.
Scope and implications of the measure
This decision represents:
- An incentive for authors, artists, publishers, producers, and other rights holders to resort to institutional dialogue mechanisms.
- Greater access to administrative justice in copyright matters.
Key legal and strategic considerations
- The elimination of costs may lead to an increase in the use of this procedure, which should be strategically considered by rights holders and their legal advisors.
- The conciliation procedure is consolidated as an accessible and effective tool for managing copyright disputes.
- INDAUTOR’s role as an authority promoting collaborative and non-contentious solutions is reinforced.
Conclusion
The elimination of fees for the conciliation procedure before INDAUTOR, starting in 2026, represents an important step forward in strengthening copyright protection and promoting agreements between parties in the creative and cultural sectors. However, now that it's free, there will likely be a significant increase in the number of applications. Therefore, it will be important to implement measures that ensure responsible use of this procedure and guarantee respect for third-party copyrights in each case.
At Ramos, Ripoll & Schuster®, we have extensive experience advising clients on proceedings before INDAUTOR, copyright matters, and strategies for the protection and enforcement of creative assets. Should you have any questions regarding these matters, we remain at your disposal.
Authors:
Edmundo Elías-Fernández
eelias@rrs.com.mx
Alejandro Ripoll González
aripoll@rrs.com.mx
Juan Rafael Amador-Espinosa
jamador@rrs.com.mx
Daniela Márquez Ledezma
dmarquez@rrs.com.mx
Andrea Ramos Macías
nramos@rrs.com.mx