Introduction to SOGEM and INDAUTOR
This article delves into the Sociedad General de Escritores de México (SOGEM), a collective management society of public interest, and its relationship with the Instituto Nacional del Derecho de Autor (INDAUTOR), a governmental body under Mexico’s Secretaría de Cultura, tasked with fostering creativity and ensuring the swift and just protection of copyrights and related rights.
Historical Context
The concept of intellectual property recognition dates back to 1847, during the administration of Antonio López de Santa Anna in Texas. However, like many santanista dispositions, this recognition was short-lived.
In 1867, Spanish actor and playwright Eduardo González rallied Mexican dramatists and composers to establish percentages on theater entrance fees to collect their author’s rights. His assertion, “without authors, there would be no actors or theaters,” laid the groundwork for future author societies.
Following the fall of Maximiliano’s empire, two intellectual activists from the Reform War, Ignacio Ramírez El Nigromante and Ignacio Manuel Altamirano, founded the ‘Sociedad Mutualista de Escritores.’ This society aimed to assist writers, poets, and dramatists facing financial hardships or health issues. However, it ceased to exist by the end of the 19th century.
By the early 20th century, El Correo Español highlighted the meager payments authors received for their work compared to the profits made by theater companies. This disparity underscored the need for a more robust author rights management system.
The Emergence of Relevant Author Societies
In 1902, the first significant author society emerged under Juan de Dios Peza’s presidency, the Sociedad Mexicana de Autores Líricos y Dramáticos (SMALD). This society successfully collected author royalties for the first time, marking a significant step forward.
The Mexican Revolution led to the formation of unions, with SMALD splitting into the Unión Mexicana de Autores (UMA) and the Sindicato de Filarmónicos for music authors. The Federación de Uniones Teatrales y Espectáculos Públicos also emerged, representing various stakeholders in the entertainment industry.
The advent of cinema brought forth the Sindicato de Trabajadores de la Industria Cinematográfica Similares y Conexos de la República Mexicana (STIC) and the Sindicato de Trabajadores de la Producción Cinematográfica (STPC). The latter grouped compositors, actors, and writers, leading to the creation of ANDA (1934), SACM (1945), and SECRET (1968), which included radio and television writers. In 1976, these entities merged under the leadership of José María Fernández Unsaín to form SOGEM, opening doors for literary authors.
SOGEM and INDAUTOR: Current Relationship
The Ley Federal del Derecho de Autor governs the relationship between SOGEM and INDAUTOR, with Karina Luján Luján at the helm. SOGEM has only received support from INDAUTOR’s staff, just like any other entity under its jurisdiction.
A recent claim by an unnamed journalist, suggesting dissatisfaction within SOGEM regarding INDAUTOR’s functionality, is categorically denied. As both a columnist and SOGEM president, this statement aims to clarify that such allegations are baseless.
Key Questions and Answers
- What is SOGEM? The Sociedad General de Escritores de México (SOGEM) is a collective management society of public interest, representing literary authors in Mexico.
- What is INDAUTOR? The Instituto Nacional del Derecho de Autor (INDAUTOR) is a governmental body under Mexico’s Secretaría de Cultura, responsible for copyright protection and related rights management.
- How did SOGEM come into existence? SOGEM evolved from earlier author societies, with its roots tracing back to the Sociedad Mutualista de Escritores in the late 19th century and eventually merging with other entities to form its current structure in 1976.
- What is the relationship between SOGEM and INDAUTOR? The Ley Federal del Derecho de Autor governs their relationship, with SOGEM receiving support from INDAUTOR’s staff.
