Gerardo Luna, President of the Sogem (General Society of Writers of Mexico), commented that in Mexico for many years there has been an urgent need for a reform to the Federal Copyright Law in order to recognize writers their right to collect royalties without an expressed agreement, as is the case of music composers.
“Our country needs a law that does not discriminate like the current one does, leaving out the rest of the audiovisual authors. A Law according to our times, which contemplates efficient mechanisms for collecting royalties from the platforms, which will be an important incentive for the creation of audiovisual writers and authors, and in general for the cultural industries that contribute so much to the Mexican economy,” he said.
Regarding the writers’ strike that is taking place in the US, Luna explained that the platforms have the technological capacity to keep track of the audiovisual products that users consume, “so that payment mechanisms for copyrights could be established, depending on the viewership, or by subscription percentage, etc.”
He added that in Mexico it is possible to charge for the public performance of an audiovisual work on the platforms, as long as it is established from the beginning of the contract, according to articles 26 bis and 83 of the Federal Copyright Law.
“The Sogem has signed, with the most important television stations, agreements in which the amounts to be collected by the authors for repetitions and renewals of rights are established. If the product of a Sogem unionized author is broadcast in one of the countries with which we have reciprocity agreements, the entity of that country will collect the royalties generated in its territory and send it to Sogem so it finally reaches our member,” he said, after clarifying that Sogem is a collective management society, not a union, “which are entities that can, by law, call a strike.”
“The US writers’ strike confirms the disadvantages that writers worldwide have endured, and in particular Mexican writers, due to the non-payment of royalties for public performance by well-known platforms,” Luna said.