The entertainment industry—encompassing music, film, television, streaming, audiovisual production, video games, live shows, and digital content—has evolved from being solely a creative space into a sector of high economic and strategic value.
In this environment, intellectual property (IP) assets are the most valuable currency: works, brands, characters, formats, music catalogs, and more. When properly protected, these assets generate sustained revenue and build long-term reputation.
At GLZ Abogados, through our Intellectual Property and Entertainment Law Practice Group, we work with companies, artists, and producers to legally safeguard their creations, design controlled exploitation strategies, and act both proactively and reactively against infringements.
Below, we share our perspective on the three essential pillars for ensuring legal certainty and the profitability of creative assets:
I. Registration: Turning Creation into an Enforceable Right
The first step to protecting a work, brand, or distinctive element is to formalize its registration with the relevant authorities. This transforms an intangible good into a legally recognized and enforceable asset.
In Mexico, the main agencies are:
- Mexican Institute of Industrial Property (IMPI) – for the registration of trademarks, commercial slogans, trade names, and industrial designs.
- National Copyright Institute (INDAUTOR) – for the registration of literary and artistic works, including scripts, musical compositions, program formats, choreographies, video games, and audiovisual works.
We recommend registering, among others:
- Literary, musical, and audiovisual works.
- Trademarks and stage names associated with artists, bands, festivals, or productions.
- Graphic designs and logos for productions, events, and brands.
- Characters and narrative universes.
- Related rights of performers and producers of phonograms.
Additionally, for international projects, it’s key to plan protection in the relevant jurisdictions by leveraging international treaties on intellectual property, to which Mexico is a party.
II. Protection: Contracts, Licenses, and Value Chain Control
Registration is necessary, but not sufficient. The real protection of a creative asset is achieved through well-structured contracts and usage control strategies.
Key contractual frameworks in the entertainment industry include:
- Assignment agreements – to transfer ownership rights in full or in part.
- Licensing agreements – to allow conditional and limited use of a work or trademark.
- Production agreements – that outline rights, responsibilities, and profit-sharing among creators, producers, and distributors.
- Collaboration or co-production agreements – crucial when multiple companies or talents are involved.
- Exclusivity and non-compete clauses – to protect commercial value and prevent conflicts of interest.
- Non-disclosure agreements (NDAs) – to safeguard ideas and scripts prior to disclosure.
III. Legal Monitoring: Active Defense in a Digital Environment
In today’s age of immediacy and virality, continuous legal monitoring of our clients’ assets is not optional—it is a strategic and ongoing task. The goal is to detect and neutralize infringements before they cause significant damage.
Key monitoring actions include:
- Trademark monitoring – to detect identical or similar applications that may affect existing rights.
- Digital searches and monitoring – to identify unauthorized use on social media, streaming platforms, and websites.
- Takedown actions – formal requests to platforms like YouTube, Spotify, Instagram, or TikTok to remove infringing content.
- Administrative actions before IMPI – to stop trademark infringement or unfair competition.
- Judicial and criminal actions – in cases of piracy or large-scale unauthorized use.
IV. Current Challenges and Trends in IP Protection in Entertainment
- NFTs and blockchain: new models for commercializing works and digital collectibles.
- Licensing for the metaverse: protecting brands and works in virtual environments.
- Use of generative AI: defining ownership of content created with artificial intelligence.
- Image rights protection: increasingly relevant in global campaigns and digital platforms.
Conclusion
Intellectual property in entertainment is more than a legal formality—it is a business strategy. Its proper management directly impacts monetization, reputation, and the competitiveness of producers, artists, companies, and cultural projects.
At GLZ Abogados, under the leadership of Karla B. Alatriste and Octavio Saldaña-Villanueva, we support our clients from the conception of their work through to commercial exploitation and defense against infringement, combining:
- Comprehensive and preventive registration.
- Solid contractual structuring.
- Legal monitoring and immediate response.
Contact
GLZ Abogados