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August 5, 2021
On June 1, 2021, the General Law of Libraries was published in the Official Gazette of the Federation, which aims the following:
This last point, referring to the Legal Deposit of Publications, is specified in article 33, establishing that:
Similarly, following the provisions of article 34, the works referred to above may be, but not limited to, the following:
Publications and documents referred to in the General Archives Law will not be subject to Legal Deposit.
The Depository Institutions recognized by this Law are:
Article 19 establishes that the publishing houses of the country may deduct taxes through the donations that they make in kind to the General Directorate in terms of the provisions of articles 27, section I, subsection a), and 151, section III, subsection a) of the Income Tax Law; and 131 of its Regulations, as long as the donations made are valued, appropriate, and accepted by the Secretariat.
Article 28 establishes that the System will have an Advisory Council, made up of the representation of library systems and libraries whose collections constitute a bibliographic heritage of great relevance for the country, the representation of the publishing sector, and specialists in library science and librarianship, which will operate based on a statute approved by its members. The head of the Ministry of Culture will preside over the Council and will be replaced by the head of the General Directorate.
Article 23 establishes that the National Library System is a collaborative instance, made up of school, public, specialized libraries, and any other that voluntarily joins the mechanism, including libraries of individuals or legal entities of the social and private sectors.
The General Law of Libraries states, in its article 37, that all publishers and producers of the works specified by articles 33 and 34 of this Law must deliver copies of all their editions and productions, in accordance with the following:
Article 38 establishes that each of the Legal Deposit repositories will establish its policies for storage, custody, conservation, and public consultation, based on the applicable provisions.
For its part, article 39 establishes that the materials referred to in article 37 shall be delivered within sixty calendar days following the date of their edition or production, with the exception of periodical publications that must be delivered as soon as they are put into circulation.
In accordance with numeral 40, it is provided that the institutions receiving the Legal Deposit must:
In addition to the above, Article 41 refers to the fact that, in the case of materials other than bibliographic materials delivered to the Library of Mexico, the General Directorate may allocate them to specialized institutions for their conservation and use, such as the Music Library. Nacional and the Cineteca Nacional.
Following article 42, it is intended that the National Institute of Copyright of the Ministry of Culture send monthly to the institutions receiving the Legal Deposit of a list in automated formats of the publications to which the International Standard Book Number was assigned (ISBN) and the International Standard Number of Periodical Publications (ISSN), in order to facilitate the verification of compliance with the obligation set forth in this Law.
Article 43 establishes that editors and producers in the country who do not comply with the obligation set forth in article 39 of this Law, will be entitled to a fine equivalent to fifty times the sale price to the public of the materials not delivered. The application of the sanction does not excuse the offender from complying with the delivery of the materials.
Article 44 establishes that the Ministry of Finance and Public Credit will enforce the corresponding administrative sanctions in accordance with the applicable legal provisions, and the amount collected for fines will be integrated into a fund to strengthen the purposes of Legal deposit.
Likewise, it is established in its transitory articles of the law that:
Therefore, an “Amparo Indirecto” (seek for the Federal Protection) can be filed against the obligations contemplated by the new General Libraries Law related to legal deposit, therefore, following the provisions of article 17 of the Amparo Law, as it is a self-applicable general rule, you have 30 days counted from the day after its entry into force to present said claim before the corresponding Courts.
If you are interested in filing the corresponding “Amparo” claim, at OLIVARES we are willing to advise and resolve all doubts that may arise on the matter.