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(c) a better right has been proved by previous, constant, and uninterrupted use in Mexico,and (d) that it was granted in violation of the provisions of the LFDA.In similar fashion, a reservation of rights can be canceled upon petition of the holderof the rights or by a third party having sufficient legal interest.4. Copyright Management Associations234C H A P T E R X I I ICopyright management associations are private legal entities whose main purpose is theprotection of the rights of their partners (authors or holders of related rights), and thecollection, administration, or distribution of the royalties generated by them. 16These copyright management associations can operate in the following ways:a) By branch field or type of creative work;b) By category of holders of related rights;c) By form of use, when various types of creative works or of holders of related rightsconcur and the nature of the rights entrusted to their management justify it.Therefore, it can be concluded that the persons entitled to form an association canbelong to one or more associations, depending on the diversity of the titles or economicrights that they hold. This means that different copyright management associations canvalidly exist, each of them focused on a different right (manner of use) among which wecan mention: the right of production and public performance, 17 the right of broadcasting,the rights of mechanical reproduction of musical works, 18 and related rights.It must be emphasized that the authors, holders of related rights, and their successors,national or foreign, can join one or more of the various copyright management associations,which cannot impose on their members, as obligatory, the management of all theforms of use, nor their whole work, nor future production.To operate legally, the copyright management associations must meet several requirements:the authorization 19 of INDAUTOR to operate, which will be granted if the conditionsestablished by the LDFA exist (such authorization must also be published in the Official__________16In order to fulfill their purpose, copyright management companies at times may need the help of INDAUTOR(or of the Mexican Industrial Property Institute, since this is the competent authority in this area, as will beseen later) to request inspection visits in which the authorities verify compliance with the provisions of theLFDA, and above all, investigate the possibility that some persons may not be paying the corresponding royaltiesfor the use of one or more works.17The music that is interpreted and performed in night clubs, restaurants, and other public places.18Reproductions in compact discs, tapes, discs, cassettes, mini-discs, or other forms of recording.19In order to obtain authorization to operate as a copyright management association, it is necessary to includewith the request the catalogues of the works to be administered. It is important to mention that accordingto the provisions of the LFDA, copyright management associations must have a list of the right’s holders, therepertory of their works, and the rights that they represent.

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