The International Artists Forum (IAF) welcomes the recent decision of Mexico’s Supreme Court of Justice (SCJN), which has confirmed the validity of the country’s resale right, or droit de suite, for artists and photographers.
In a unanimous decision, the Court rejected an appeal brought by Morton Subastas and confirmed that original photographic works, like paintings and sculptures, are protected by copyright and that their creators are entitled to receive a share of the proceeds when their works are resold under the conditions established by Mexican law.
The case focused on whether Mexico’s system for determining resale-right tariffs was compatible with the Berne Convention. The Court concluded that it was, confirming that national legislation can establish the mechanism for determining these tariffs and that Mexico’s National Institute of Copyright (Indautor) has the authority to set them.
This is an important achievement for artists. A work may be sold for a modest amount at the beginning of an artist’s career and increase significantly in value as their reputation grows. The resale right allows the creator to benefit from that increase, even after the work has left their ownership. The recognition of photographic works is particularly significant, as it confirms that photographers should receive the same protection as other visual artists.
This decision is also an important achievement for IAF and its Mexican members. Resale rights have been an important issue for IAF for many years, and we have worked closely with our Mexican members, SOMAAP and SAOV, in support of this objective. The issue was also a key topic discussed during our official meeting with Indautor last March in Mexico City, held on the IAF Annual General Meeting.
Elizabeth Ambriz, President of SOMAAP, welcomed the ruling, highlighting its importance not only for Mexican creators and visual artists, but also for artists internationally:
“The SOMAAP, a collective management organization serving the public interest, is very pleased with the decision issued by the justices of the Supreme Court of Justice of the Nation. We know that this ruling will benefit not only creators and visual artists in Mexico, but also the countries with which we have reciprocal agreements through CISAC, as well as the international commitments that this organization maintains with countries around the world. This is wonderful news that has brought great joy to the national and international artistic community.”
We congratulate SOMAAP and SAOV on their hard work in reaching this important milestone for Mexican artists and photographers. IAF will continue to support its members and advocate for strong authors’ rights in Mexico and internationally.