Amendment on Declarations of Tangible and Intangible Cultural Heritage

On November 19, 2025, the Gaceta Parlamentaria published the initiative titled “Amendment to various provisions of the General Law of Culture and Cultural Rights; the Federal Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities; and the Organic Law of the Federal Public Administration, regarding declarations of tangible and intangible cultural heritage”, submitted by Representative Mónica Fernández César of the Morena Parliamentary Group.

The initiative seeks to allow the issuance of Declarations of Tangible and Intangible Cultural Heritage, granting various government bodies new powers to issue and register them. Among the amendments, the inclusion of the verb “to declare” cultural heritage within the actions the authority may undertake stands out, which is significant—and in some respects concerning—due to the level of discretion it could grant in determining which cultural expressions become subject to administrative control.

While the purpose is to strengthen the protection of cultural heritage, for the film and audiovisual industry these declarations could pose a potential risk of obstacles to the exercise of artistic freedom of expression, particularly given the lack of clarity regarding the scope and effects of such declarations on the use of cultural expressions in audiovisual works. This could result in uncertainty or additional requirements, though not insurmountable ones. In attempting to protect cultural heritage, the Declarations could inadvertently suppress the dissemination and promotion of the Indigenous cultural heritage of our country.

At OLIVARES, we can assist you with any questions or guidance regarding the potential impacts of this initiative.

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

Luis Schmidt

Partner

Luis Schmidt joined OLIVARES in 1991, became a partner in 1995, and has almost 40 years of legal experience, with a specialization in copyright in the business of entertainment and culture. He has represented the world’s leading companies in the music, film, television, book publishing, fine art, design, folklore, and software.

ASSOCIATES

WHO CAN BE FOUND AT THE FOLLOWING NUMBER:

+52(55) 5322 3000

Newsletters - Copyrights

Return...