The death of Medio Metro, a beloved Mexican entertainer, sparked an online storm of tributes and misinformation. Beyond the headlines, it raised a legal issue: who controls a person’s image after death, and how is dignity protected?
The concepts of image rights and post‑mortem dignity ensure that memory and reputation receive legal protection even after life ends.
History of image rights in Mexico
Mexican law gradually recognized image rights within Personality Law and later codified them through the Federal Copyright Law.
Originally focused on living individuals, courts extended this protection to include post‑mortem image rights, allowing families to control the deceased’s public portrayal.
Legal basis: Federal Copyright Law
Moral and economic rights
This law distinguishes moral rights (linked to dignity) and economic rights (related to commercial use).Moral rights remain protected even after death.
Family consent
Family consent is essential before using a deceased person’s image. Unauthorized use may trigger civil liability for moral damages under Articles 1916 and 1916 Bis of the Civil Code.
Post‑mortem dignity in Mexican law
Based on Article 1 of the Constitution, human dignity continues beyond death. Offending or exploiting a dead person’s image may lead to legal action and compensation for moral damage.
Digital heritage (patrimonio digital)
Digital assets—social media accounts, videos, emails—form part of a person’s digital heritage. Families have the right to close or manage these accounts respecting the deceased’s wishes and dignity.
International comparison
Spain’s Law on Data Protection (2018) and the U.S. Right of Publicity show parallel mechanisms to Mexico’s emerging framework for post‑mortem image rights.
Civil and criminal liability
Unauthorized commercial use of a deceased person’s image can incur civil and, in aggravated cases, criminal liability. The law protects both the economic exploitation and the moral dimension of public figures.
Impact on marketing and advertising
Brands must request authorization before using a deceased artist’s likeness. Failure to do so may result in lawsuits, moral‑damage claims, and reputational harm.
Case examples
Juan Gabriel
The singer’s family successfully controlled all posthumous image usage, defending both intellectual rights and post‑mortem dignity.
Social media incidents
Several false‑death reports led to media retractions and public apologies, highlighting the scope of moral‑damage claims.
Digital account management
Families now treat social media profiles as part of digital heritage, preserving memories while preventing misuse.
Legal references and jurisprudence
Political Constitution of the United Mexican States, Art. 1.
Federal Copyright Law, Art. 87.
Civil Code, Arts. 1916 & 1916 Bis.
Supreme Court precedents on moral damage and image protection.
Conclusion
The Medio Metro case demonstrates that fame may be temporary, but law and dignity endure.
Protecting image rights and post‑mortem dignity honors memory and strengthens Mexico’s respect for personality rights.
*AbogadoMex offers specialized counsel in Personality Lawand Digital Protection for artists and families.*