In Mexico, droit moral is attached to the author and is
inalienable, does not expire, cannot be waived and cannot be
encumbered. The author and his/her heirs can enforce this
right.
Even though the right is inalienable, this does not mean
that it cannot be exercised. Therefore, droit moral can play an
important part in transactional copyright matters.
As an example, the patrimonial right of transformation is
closely related to the droit moral of integrity. The droit
moral of integrity could be used as an argument against the
transformation of a work, even if it is done with permission.
However, transformation of a work is allowed through the
assignment or licence of the corresponding patrimonial right
and it should be done, without facing the risk of an opposition
based on the droit moral of integrity.
Therefore, the droit moral of integrity can and should be
part of drafting agreements of such a nature, regarding its
exercise, the assignee or licensee can have legal certainty
within the framework of the agreement.
The droit moral of integrity, cannot be waived, but it can
be legally used by the author and like any other right it must
be enforced with responsibility. The fact that a droit moral
may be legally part of an agreement does not imply a waiver or
assignment, but neither should be a mechanism that enables the
author to act against the exercise of free will.
An agreement that has the patrimonial right of
transformation as a subject matter must address the exercise of
the droit moral of integrity expressed as an assertion under
the principle of good faith, in relation to the doctrine of
estoppel.
Droit moral should not prevent the lawful acquisition and
enforcement of patrimonial rights.
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| Mauricio Llanes |
Olivares
Pedro Luis Ogazón No 17
Col San Angel
01000 México DF
Tel: +5255 53 22 30 00
Fax: +5255 53 22 30 01