MexicoLey Federal del Derecho de Autor, Database Compilation and Non-Original Database Protection (Arts. 107 to 110)
Ley Federal del Derecho de Autor (LFDA), arts. 107 a 110
In force.
A database right rule binding public and private bodies.
- Obligation class
- Licensing
- Audit expectation
- none
What it requires
- Do not reproduce, translate, adapt, reorder, distribute, or publicly communicate a protected database's selection or arrangement, or a non-original database within its 5-year exclusive-use period, without the rightsholder's authorisation.NIST AI RMFMAP 4.1
- Obtain the prior authorisation of the persons concerned before accessing, publishing, reproducing, disclosing, communicating publicly, or transmitting private information about identifiable people contained in such a database, other than for a law-enforcement investigation or lawful access to a public archive.NIST AI RMFMAP 1.6
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 1.6System requirements (e.g., “the system shall respect the privacy of its users”) are elicited from and understood by relevant AI actors. Design decisions take socio-technical implications into account to address AI risks.
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Logging duty
Article 107 protects original databases as compilations without protecting the data themselves, article 108 gives non-original databases five years of exclusive use to their maker, article 109 requires the prior authorization of the persons concerned for access to private information about them in those databases (with exceptions for justice authorities and public archives), and article 110 gives the right-holder control over the structure's reproduction and adaptation. The consent rule in article 109 is an authorization condition and does not require a log or record. No territorial test is stated in these articles, so the hook is empty.
- Kind
- None
- As of
What this law does
Article 107 protects a database or other machine-readable material as a compilation where its selection or arrangement of content constitutes an intellectual creation, and the protection does not extend to the underlying data and materials themselves. Article 108 separately protects a non-original database in its exclusive use by whoever compiled it, for 5 years, without requiring the originality Article 107 asks of a compilation.
Article 109 conditions access to, and publication, reproduction, disclosure, public communication, or transmission of, private information about identifiable people contained in such a database on the prior authorisation of the persons concerned, exempting law-enforcement investigations and lawful access to public archives.
Article 110 gives the holder of the patrimonial right over a database the exclusive right to authorise or prohibit its reproduction, translation, adaptation, reordering or other modification, distribution, and public communication, including of the results of a permitted modification. Mexico's regime protects the compilation's selection and arrangement and, separately, a 5-year producer-style exclusive-use right over a non-original database.
The Act was published in the Diario Oficial de la Federación on , its first transitory article puts it in force ninety days after that publication, and no official source stating the resulting day has been located.
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