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ARTICLE · 01 JUNE 2026

Perpetual Copyright?

Olivares
Olivares
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Olivares

Olivares

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Economic rights in copyright law have always been subject to temporal and formal limitations that balance private ownership with public interest. This analysis examines how time limits are structurally embedded in copyright protection and explores the historical role of formal requirements—such as registration and deposit—in determining when works enter the public domain.

MexicoIntellectual Property

I. INTRODUCTION

1.1. Statement

The author’s economic rights have always been subject to limits in both time and form. Time limits are not just an external restriction; they are essential to maintaining a fair balance between private and public interests. From a legal perspective, and from others as well, temporality is part of the very structure of these rights. The public domain is the natural result of that limitation. It plays a necessary role in completing the system as a whole. This principle is recognized by many constitutions and by international treaties.

On the other hand, there have been formal requirements for copyright1 protection. Their origin and context are historical. In earlier times, protection depended on compliance with specific legal procedures, mainly for reasons of legal certainty. Failure to meet these requirements could cause works to fall into the public domain. In general, the law imposed formalities such as registering works, recording contracts, or

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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