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Why Mexico needs clearer publicity rights | World Trademark Review

Uhthoff, Gómez Vega & Uhthoff - Mexico By Marina Espitia With image rights protected mainly by the Federal Copyright Law, the overlap between an individual’s right to control use of their image and the automatic copyright established on behalf of an author can lead to courtroom conflicts. Image and publicity rights are designed to protect the images of ordinary people and those in the public eye. The term ‘image’ comes from the latin imagines, meaning figure, representation, similarity and appearance of a thing. What is more, Elvia Lucia Flores Ávalos points out in Right to the image and civil responsibility that ‘personal image’ refers to an individual’s physical appearance, which can be captured in drawing, painting, sculpture, photography or video. On that basis, an image right is a right through which a person’s image is protected in order to prevent third parties from capturing or disseminating it without

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