Mexico Enacts Legal Reform Extending Labor and Copyright Protections to Performers Against AI Use

By Goodrich Riquelme y Asociados

Mexico's Chamber of Deputies approved a package of reforms to the Federal Labor Law and the Federal Copyright Law aimed at protecting the labor and copyright interests of performers, musicians, voice actors and dubbing artists against the use of artificial intelligence and other emerging technologies.

The initiative was approved by a vote of 335 in favor to 129 against before being sent to the Senate for further review. The Senate passed the measure with 66 votes in favor and 23 abstentions, and the decree was published in the Official Gazette of the Federation on May 14, taking effect the following day.

The reform's central provisions establish that any labor contract involving performers or musicians must clearly specify the conditions and payment terms for the use of their image or voice, including instances where that use involves artificial intelligence. Any exploitation not explicitly contemplated in the original agreement requires a new authorization and corresponding payment. The changes extend these protections to digital platforms and other technological environments, not only physical settings where performances traditionally occur.

On the copyright side, the reform amends several articles of the Federal Copyright Law, including Article 87, to require express consent before an artist's image or voice can be used, a protection that now explicitly extends to content generated through artificial intelligence. That consent can be revoked for justified cause, unless the associated rights have already been exhausted through their original use. Article 118 clarifies that AI-based impersonation of a performer is permitted only for purposes such as parody, satire or creative imitation, provided it does not amount to substituting a professional's actual work, while Article 121 requires a prior written agreement between the parties for any voice or image cloning carried out using AI. Uses considered informational or journalistic, or instances where a performer's image appears incidentally within a broader work, do not require additional consent under the new framework.

On the labor side, Article 304 of the Federal Labor Law broadens its scope of application to cover any setting, digital or physical, in which an artistic interpretation or performance takes place, while the newly added Article 305 Bis requires labor contracts to spell out the conditions and remuneration for any use of a performer's image or voice through AI systems. The reform also removed a provision allowing direct administrative sanctions for violations, shifting related disputes to labor jurisdiction instead, on the basis that these matters stem from contractual relationships between employers and performers.

The legislation drew a divided vote in the Chamber of Deputies, reflecting debate over how effectively the new rules can be enforced given the pace at which AI tools are evolving, though it passed by a wider margin in the Senate. With the decree now in force, its practical application will depend on how courts interpret consent requirements and remuneration disputes as they arise under the amended provisions.