Dear Clients and Friends,
On September 24, 2026, a Decree adding various provisions to the Regulations to the Federal Copyright Law (the “Regulations”) was published in the Federal Official Gazette (“DOF” by its Spanish acronym).
The Decree regulates the procedure through which copyright holders may request that digital platforms remove allegedly infringing content, as well as the mechanism through which users affected by such removal may request that the content be restored.
Below we summarize the most relevant aspects:
1. What does the Decree provide and why is it important?
In 2020, the Federal Copyright Law (“LFDA” by its Spanish acronym) was amended to regulate the liability of Internet Service Providers for infringements committed by their users. The LFDA introduced a “safe harbor” regime, under which service providers are not liable for damages caused by their users, provided that, among other requirements, they expeditiously remove infringing content upon receipt of a notice. However, several operational aspects remained to be addressed in the Regulations.
The Decree addresses these matters through eight new provisions (Articles 37 Bis through 37 Nonies). For practical purposes, the LFDA distinguishes between two types of service providers:
• Internet Access Providers: those that transmit or provide Internet connectivity, such as telecommunications companies.
• Online Service Providers: those that store user-provided content or facilitate access to such content through links or hyperlinks, such as social media platforms, video-sharing platforms, hosting services and search engines.
Most of the new obligations apply to the Online Service Providers.
2. What does the Regulations clarify regarding technological protection measures?
Technological protection measures are tools designed to control access to or use of a work, such as digital locks or anti-copying systems. Rights management information, on the other hand, includes data used to identify the work, its author or rights holder, as well as the terms and conditions governing its use, such as metadata or watermarks.
The Regulations clarify that:
• Protection afforded to such measures is independent from the protection granted to copyright and related rights. Accordingly, circumvention of these measures may constitute an infringement.
• Circumvention shall not be deemed to occur where the measures are linked to content that is not protected under the Law, as is the case, for example, with certain works in the public domain.
3. What content may be subject to a notice?
The Regulations broadly define the “materials” or “content” that may be subject to a notice, including works (literary, musical, audiovisual, software, among others), as well as performances, editions, phonograms, videos, broadcasts and other rights protected under the LFDA.
Notably, the Regulations expressly include the image and voice of performers, which is particularly relevant considering the increasing availability of artificial intelligence tools capable of replicating an individual’s voice and likeness.
4. What information must a notice contain to request the removal of content?
In addition to the minimum requirements established under the LFDA, a notice must include:
• The URL where the allegedly infringing content is located.
• A description of the facts considered to constitute an infringement.
• The full name of the person submitting the notice (whether acting as the rights holder or as an authorized representative).
• Contact information.
• A statement confirming that the information provided is true and accurate and that the use of the content has not been authorized.
• An express acknowledgment that the submitting party is aware of the applicable penalty for providing false information.
It is important to note that the LFDA provides for fines ranging from 1,000 to 20,000 times the daily value of the Unit of Measurement and Update (“UMA” by its Spanish acronym) for any person who makes a false statement in a notice or counternotice.
5. May platforms require registration certificates before processing a notice?
No. Online Service Providers may not condition the removal of content upon the submission of registration certificates, title documents or any other documentation by the rights holder.
Platforms must also make available to users, in a clear and accessible manner, a notice form containing the requirements described above.
6. What may a user do if their content has been removed?
If the user believes that the removal was made in error, the user may submit a counternotice containing:
• Full name and contact information.
• The agreement, contract, license, or any other document evidencing ownership of, or authorization to use, the content.
• An express acknowledgment that the submitting party is aware of the applicable penalty for providing false information.
The Regulations clarify that the platform is not required to verify the authenticity of the documents submitted by the parties. Likewise, the removal or restoration of content does not mean that the platform has validated such documentation.
7. What are the applicable timeframes once a counternotice is submitted?
• Immediate notification: the platform must immediately notify the person who submitted the original notice and provide them with a copy of the counternotice.
• Restoration: once the applicable requirements have been satisfied, the platform must restore access to the content within 10 to 15 business days following receipt of the counternotice.
• Exception: the platform must not restore the content or must remove it again if it has already been restored, if the person who submitted the original notice demonstrates, within 15 business days after being notified of the counternotice, that they have initiated judicial or administrative proceedings, filed a criminal complaint, or commenced an alternative dispute resolution mechanism.
In practice, this means that a rights holder receiving a counternotice must be prepared to act promptly if it wishes the content to remain offline.
8. When does the Decree enter into force and what happens to pending notices?
The Decree will enter into force 90 business days following its publication in the DOF.
Notices and counternotices submitted before such date will continue to be processed in accordance with the provisions in force at the time of their submission.
9. What are the practical implications of the Decree?
• Rights holders, including authors, creators and producers: should consider implementing an internal protocol to detect unauthorized uses, submit takedown notices and maintain readily available documentation evidencing ownership of the relevant rights.
• Platforms and technology companies: should review their forms, terms and conditions, internal procedures and response processes for handling notices and counternotices to preserve the protections available under the safe harbor regime and reduce the risk of penalties.
• Companies that use third-party content: should maintain appropriate contracts, licenses and authorizations, evidencing their right to use such content, as these documents may be necessary to support a future counternotice.
Conclusion
The Decree represents an important development for two main groups. On the one hand, rights holders will have a clearer mechanism to request the removal of allegedly infringing content. On the other hand, digital platforms will need to review and adjust their internal procedures before the Decree enters into force.
At Ramos, Ripoll & Schuster®, we can advise and assist you in reviewing and implementing the measures necessary to comply with this new legal framework. Please do not hesitate to contact us should you have any questions regarding its application
Authors:
Edmundo Elías- Fernández
Juan Rafael Amador Espinosa
Alejandro Ripoll González
Daniela Márquez Ledezma
Sofía Castañeda García
Andrea Ramos Macías