Reform on performers, voice, and image: your company may already have contracts that are out of compliance

On May 14, 2026, the reform to the Federal Labor Law and the Federal Copyright Law concerning working performers (artists, performers, and executants) was published in the Official Gazette of the Federation (DOF). It takes effect on May 15. As of tomorrow, your talent agreements, your live advertising campaigns, and your production processes are governed by new rules.

What has changed, in business terms:

  • Image rights have been narrowed. Article 87 no longer protects "every person": it now covers only artists, performers, and executants. For models, executives, athletes, or influencers who do not fall within that category, the protection of their image now depends on what the contract says.
  • Your advertising contracts now have an expiration date. Ads may run for six months; each additional period must be paid for again, and after one year any use requires fresh authorization and a price updated for inflation and current market value. Exclusivity provisions cannot extend beyond the term of the contract.
  • Using voice and image with AI requires specific consent and payment. Both in the employment relationship (new Article 305 Bis of the Federal Labor Law) and under the Federal Copyright Law, replicating, cloning, or adjusting a performer's voice or image with artificial intelligence requires a prior, written, and compensated agreement. Paying for one use no longer authorizes the others: each modality is negotiated separately.
  • Exposure is subject to penalties. Using image or voice without the consent the law requires is an infringement in matters of commerce, punishable by a fine of five thousand to forty thousand days of minimum wage, in addition to the risk of litigation and of campaigns being halted.
  • Any ambiguity will work against you. The law mandates that, where a clause is in doubt, it be interpreted in the performer's favor. An imprecise contract is now a losing contract.

Why it makes sense to act now:

The reform is already enforceable and draws no distinction between new and existing contracts. Every campaign on air, every talent agreement, and every production template your company is using should be reviewed before a given use becomes visible — to the counterparty, to a union, or to the authorities. The cost of getting ahead of this is a review; the cost of not doing so is a fine, litigation, or a halted campaign.

How we can help:

At OLIVARES, we can carry out, on short timelines, an exposure assessment of your existing talent and advertising contracts, redesign your templates and image, voice, and AI clauses in line with the new framework, and define a compliance protocol for your production and marketing teams. We would be glad to set up a call to review your specific situation.

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

Jaime Rodríguez

Jaime Rodríguez

Partner

Jaime Rodriguez joined OLIVARES in 2007 and became a partner in 2023. He has extensive experience in copyright, litigation, trademarks, unfair competition and domain name dispute resolution, and this versatility has allowed him to participate in a variety of relevant matters and cases pertaining to different areas of intellectual property.

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