Placing a security guarantee on financing of works

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Placing a security guarantee on financing of works

Sponsored by

olivares-400px.jpg
Finance.

It is important not to forget that the Civil Code states that debtors respond to the fulfilment of their obligations with their assets, except for all those assets considered by law as inalienable or which cannot be seized.

Moreover, the Mexican Copyright Law states that economic rights cannot be seized or pledged. However, it recognises the possibility of embargo and having in pledge the revenues and products derived from its exercise.

Therefore, a guarantee on the revenues and products of the exercise of the economic rights of a literary or artistic work can provide legal certainty for creditors for the execution of debt instruments that finance the production of works.

In the execution of debt instruments, there may be accessory contracts, beyond the aforementioned pledge, to guarantee the payment of the debt. Among these are specialised financial and insurance products such as a completion bond.

The purpose of this is to guarantee compliance with the production of the work, to allow the exercise of rights of use or exploitation in order to generate income and to comply with the obligations in favour of creditors.

It is important to mention that the Mexican Copyright Law Regulation recognises that the person who seizes an embargo or exercises a pledge action on the revenues and products derived from the exercise of economic rights can request the judicial authority to authorise the exploitation of the work when the copyright owner refuses to do so.

However, the complexity of the legal structure required for the subscription of debt for the production of literary or artistic works will depend on the magnitude of the investment required.

In addition, there may be distribution agreements that consider advance payments for the exploitation of the work, to guarantee payment to creditors, which can be assigned in favour of them.

The foregoing, must, at all times, follow the formalities required by the Mexican Copyright Law for any transfer of economic rights.

more from across site and SHARED ros bottom lb

More from across our site

One of the litigators expects that she’ll have to help clients navigate challenges posed by USPTO developments
Counsel explain what kind of ITC-related inquiries they’re getting from clients and why complaints at the forum were up in 2024
A ruling concerning a juicing machine, a tussle over a preliminary injunction and a new judge in Paris were among the top talking points this fortnight
John Squires has had a range of in-house and private practice experience, most recently in the IP group at Dilworth Paxson
President Donald Trump’s attacks on Perkins Coie and Covington & Burling should not go unchallenged
The combined entity, which is expected to offer IP services across Australia and New Zealand, will be called Jones Maxwell Smith & Davis
The Iconix v Dream Pairs dispute, to be heard at the UK Supreme Court, concerns trademarks owned by sports brand Umbro and the issue of post-sale confusion
The European IP team from Simmons & Simmons discusses the current approaches to IP enforcement against look-a-like or copycat products
Ten firms have each received more than 11 nominations, while more than 20 in-house counsel are up for awards
Yanfeng Xiong discusses 6am wake ups, honing his basketball skills, and how he prioritises tasks
Gift this article