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 2026

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

Cookies Settings

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

Armstrong Teasdale’s Jim Heinen Jr discusses the challenge of balancing billables, business development and family life and explains why not all patent lawyers are science nerds
From cross-border jurisdiction to the end of the transitional period, Powell Gilbert’s Ioana Sabau and Bryce Matthewson predict the biggest talking points ahead
A wave of office launches and lateral hires reflect the draw of patent disputes, but booming AI, semiconductor and data centre markets are offering an even bigger IP opportunity
The hire of Frederick Nicolle as a partner continues Pinsent Masons' expansion while reducing Simmons’ patent prosecution offering in London to zero
The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Three successive wins have got the firm eyeing additional opportunities as ITC work booms
While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
The explosion of data centres has prompted patent pool operators to create new licensing opportunities
The court struck out copyright claims brought by Ladbrokes owner Entain, saying that ownership details should have been completed before litigation began
Düsseldorf has overtaken Munich as the UPC's busiest division, while firms including Winston Taylor, Clifford Chance, and Hoyng Rokh Monegier featured in disputes involving Abbott, Essity, Amazon and Hurom
Gift this article