Are TikTok works protected by Mexico’s Federal Copyright Law?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Are TikTok works protected by Mexico’s Federal Copyright Law?

Sponsored by

olivares-400px.jpg
smartphone-5503211.png

With TikTok videos frequently using music created by popular artists and adding a personal touch to trends, Jaime Ortega of OLIVARES answers a central question regarding whether the videos constitute original creations or reproductions

Article 94 of Mexico’s Federal Copyright Law (FCL) defines audiovisual works as those expressed by means of associated images, with or without incorporated sound, which are perceptible, by means of technical devices, producing a movement sensation.

TikTok is a social network that allows the user to create a video (a TikTok; i.e., an audiovisual work), which is generally short, and then upload it to the user's profile on the app, to interact with other users of the social network.

'Influencers' (and users without many followers) upload TikToks of themselves dancing, singing, acting, reviewing books or movies, promoting a brand, showing their daily life, etc.; in short, almost any activity.

TikToks can be set to music, with songs that usually are on trend. Thus, they may come into conflict with the patrimonial rights of the author’s song. In other words, the user can incorporate a different work in their TikTok.

Users can join ‘trends’, which are national or international trends in the social network created by TikTok users, and are then able to give a personal touch to the trend.

Therefore, it is worth asking whether TikToks are truly original or whether they are reproductions or transformations of a previous TikTok. In other words, is a TikTok an original or a derivative work? In this regard, the works protected by the FCL are those of original creation that are susceptible to being disclosed or reproduced in any form or media and their protection is granted from the moment they have been fixed in a material support, regardless of the merit, destination, or the method of expression.

Therefore, Tik Toks are audiovisual works protected by the FCL. Regardless of their registration with the National Copyright Institute, when fixed on a material support and according to their originality, they will be more or less protected by the FCL, without disregarding a third-party copyright that may be involved in a TikTok.

more from across site and SHARED ros bottom lb

More from across our site

Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
In major recent developments, a team of partners broke away from Taylor Wessing to form their own firm, while Kilburn & Strode made a strategic UPC hire
General Court backs Christian Archambeau in some of his challenges against his departure, but dismisses others
Morgan Lewis adds three partners with technical depth, reinforcing the firm’s strategy to bridge legal and tech expertise in patent litigation
Gift this article