Advertising In Social Media Networks

Managing Intellectual Property, Feb 2012

Nowadays, it is common for companies to advertise their products through social media networks. These kinds of promotions often employ the names of celebrities and public figures, and this presents a challenge for copyright, in particular, the Mexican reserve right. The names of celebrities are most commonly used by linking their names to a website. Hyperlinks are the most essential quality of Internet, and the most common medium to share self-created or a third party's content with a broader number of Internet users.

It is not always clear if providing activated hyperlinks is a prosecuted activity under copyright. In Mexico, the law seems to lean towards non-infraction. Providing activated hyperlinks does not imply a reproduction of works, and it does not represent —or at least it would be very difficult to consider— making works available to the public in direct form, by someone who performs an infringing activity. If it