Playing Tunio music at business premises in Mexico
Why no licence from SACM, ANDI, EJE, SOMEM or SOMEXFON is required for the Tunio catalogue, what your subscription licenses, and what evidence Tunio provides if a collecting society or an inspector asks.
- Reference
- TUN-LEGAL-MX
- Version
- 1.0, 13 September 2026
- Applies to
- United Mexican States
- Law as at
- Ley Federal del Derecho de Autor, last reform published in the Diario Oficial de la Federación on 14 May 2026
- Issued by
- Tunio, provider of the Tunio service (tunio.ai)
- Enquiries
- product@tunio.ai. Enquiries from collecting societies are answered within 10 working days.
- Language
- Issued in English. A Spanish translation for presentation to a society or an authority is available on request.
Summary
If you run a business
Music supplied by Tunio is not part of the repertoire administered by SACM, ANDI, EJE, SOMEM or SOMEXFON. No licence or payment to those societies is required for it. Your Tunio subscription includes the right to communicate the Tunio catalogue to the public at the premises registered in your account.
If you represent a collecting society
The Tunio catalogue has no human author and no performer, so no rights administered by an authors' or performers' society arise in it. Tunio holds the phonogram producer's rights and administers them itself; it has entrusted them to no society in Mexico or abroad. Under arts. 195, 200 and 202 of the Ley Federal del Derecho de Autor a society is legitimated only for the rights confided to its management, and Mexican law provides no extended or presumed repertoire.
The condition
This notice applies where Tunio is the only source of recorded music at the premises. Radio, television, consumer streaming services, live music and tracks uploaded by the venue fall outside it and require the corresponding licence.
1Scope of this notice
This notice explains the legal basis on which businesses in Mexico play music supplied through the Tunio service. It is written for two readers: the owner or manager of the premises, and a representative of a sociedad de gestión colectiva or an inspector from IMPI or INDAUTOR checking whether a licence is due.
It covers music generated and supplied by Tunio through the Tunio platform, Tunio Link and Tunio Spot. It does not cover audio files that a venue uploads to its own account, and it does not cover any other music source at the premises (section 5).
It describes how the Tunio service relates to Mexican law. It is not legal advice and does not replace the Terms of Service that govern your subscription.
2How music licensing works in Mexico
Background music in a commercial venue is covered use, and we do not argue otherwise. The Reglamento of the Ley Federal del Derecho de Autor treats music as used for indirect profit whenever it makes the main activity of a shop or service business more attractive, whether or not the expected profit is actually earned. The question is never whether the act is covered. It is who holds the rights in what is playing, and whether they have entrusted those rights to a collecting society.
Se reputará realizada con fines de lucro indirecto su utilización cuando resulte en una ventaja o atractivo adicional a la actividad preponderante desarrollada por el agente en el establecimiento industrial, comercial o de servicios de que se trate.
Reglamento de la Ley Federal del Derecho de Autor, art. 11 — use is for indirect profit when it adds appeal to the venue's main activity.
Commercially released music carries several layers of rights: the work belongs to its author, the performance to the performers, and the phonogram to its producer. Authors and producers each hold a right to remuneration for public communication for profit, and the performers' right is expressly non-waivable.
Five societies authorised by INDAUTOR administer these rights for music: SACM for authors and composers, ANDI for performers, EJE and SOMEM for musicians and executants, and SOMEXFON for phonogram producers. Each represents Mexican rights holders who have joined it and foreign repertoire reaching it through reciprocity agreements, which for SACM means the CISAC societies including ASCAP, BMI, PRS and SACEM.
Mexican law does not presume that a society represents everyone. Membership is voluntary, a rights holder may exercise rights individually, and once that is done the society may not intervene in collection. A society is legitimated to act only for the rights confided to its management, must litigate under a power of attorney from its member, and must keep the repertoire it administers available for users to inspect. There is no extended collective licence in Mexico.
Las personas legitimadas para formar parte de una sociedad de gestión colectiva podrán optar libremente entre afiliarse a ella o no; asimismo, podrán elegir entre ejercer sus derechos patrimoniales en forma individual […] Las sociedades de gestión colectiva no podrán intervenir en el cobro de regalías cuando los socios elijan ejercer sus derechos en forma individual respecto de cualquier utilización de la obra o bien hayan pactado mecanismos directos para dicho cobro.
Ley Federal del Derecho de Autor, art. 195
Una vez autorizadas las sociedades de gestión colectiva por parte del Instituto, estarán legitimadas en los términos que resulten de sus propios estatutos para ejercer los derechos confiados a su gestión y hacerlos valer en toda clase de procedimientos administrativos o judiciales.
Ley Federal del Derecho de Autor, art. 200
The author's royalty is likewise payable directly to the rights holder or through the society representing them, and its amount is agreed between the parties, with INDAUTOR setting a tariff only where no agreement exists (arts. 26 bis and 212).
3Why the Tunio catalogue is outside the societies' repertoire
Tunio's music is produced with generative-AI tools under a paid licence from the AI provider. No composer, lyricist or performer takes part in it. Tunio belongs to no collecting society in Mexico or abroad and has entrusted its catalogue to none. Taking each layer of rights in turn:
| Layer of rights | Who administers it | Position of the Tunio catalogue |
|---|---|---|
| Musical work (composition and lyrics) | SACM, for the authors and publishers who have entrusted their rights to it and for CISAC societies under reciprocity. | An author is the natural person who created the work (art. 12). In *Amparo Directo 6/2025* the Supreme Court held that authorship cannot be recognised in synthetic or artificial entities and that protected works are the product of human creation. INDAUTOR applies the same rule and does not register works created solely by AI. A track generated without human creative input therefore has no author and no SACM repertoire in it. Where Tunio staff contribute creative work, the resulting rights belong to Tunio and are licensed to you directly. |
| Performance | ANDI, EJE and SOMEM, for performers and executants. | A performer is a person who interprets or executes a work (art. 116). The Tunio catalogue contains no human performance, so no performers' rights and no non-waivable performers' remuneration arise under art. 117 bis. |
| Phonogram (the recording) | SOMEXFON, for the producers who have entrusted their rights to it, including the major labels. | This right does exist, and Tunio holds it. A phonogram is any exclusively sound fixation of a performance or of other sounds (art. 129), and the producer is the person who first fixes those sounds and is responsible for their edition, reproduction and publication (art. 130). Neither requires an underlying protected work. Tunio is that producer, holds the right to authorise or prohibit public communication of its phonograms (art. 131 fr. VII) and the right to remuneration for use for profit (art. 131 bis), and receives that remuneration from you directly through the subscription. Nothing of it has been confided to SOMEXFON. |
| Communication to the public at your premises | The operator of the premises must hold the authorisation. | Your authorisation comes directly from the rights holder under the Terms of Service, and the corresponding remuneration is paid to that rights holder through your subscription. |
Resulta imposible el reconocimiento de autorías a entes sintéticos o artificiales puesto que el derecho de protección creativa es un derecho humano mismo […] Las obras sujetas a registro y protección son producto de la creación humana en tanto un ente sintético o artificial no pueden crear una obra original.
Suprema Corte de Justicia de la Nación, Segunda Sala, Amparo Directo 6/2025, decided unanimously on 2 July 2025, paras. 53–54
Si no se usa música de nuestros representados en tu establecimiento, no es necesario que realices el pago.
SOMEXFON, frequently asked questions — “If music of those we represent is not used at your premises, you do not need to make the payment.”
What we do not claim. We do not say that Mexican law exempts your business, that the music is in the public domain, or that no right exists in it. Several Mexican outlets reported *Amparo Directo 6/2025* as placing AI content in the public domain; the judgment says nothing of the kind and does not mention it. What it decided is that such output is not a registrable work. The phonogram right is separate and very much alive, and Tunio's position is that it holds that right and licenses it to you, which is why your subscription is a licence and not a donation.
The point a society could contest. Once a phonogram has lawfully entered commercial circulation, producers and performers cannot oppose its direct communication to the public provided users acting for profit make the corresponding payment (art. 133). A society could argue that the payment must run through it. Tunio's answer is that there are no performers here, so no performers' share arises; that the producer's remuneration is Tunio's own and is paid to Tunio directly under the licence; and that the catalogue is delivered to subscribers of a service rather than released into commercial circulation. No Mexican court has ruled on this, and we say so plainly rather than presenting the question as settled.
One limit that binds us both. The reform published on 14 May 2026 gave performers a right against the replacement of their performances by artificial intelligence, including clones and identifiable simulations of their voice, and placed a breach in the highest fine band. That right belongs to the performer and cannot be licensed away by Tunio. Tunio's prompt policy therefore forbids generating a voice that imitates an identifiable performer, and any track of that kind would fall outside this notice.
4The chain of rights: from the AI provider to your premises
The AI provider assigns its rights to Tunio
Tunio generates its catalogue under a paid subscription with Suno, Inc. Suno's Terms of Service provide that for paid tiers Suno "hereby assigns to you all of its right, title and interest in and to any Output owned by Suno and generated from Submissions made by you" (revision of 10 August 2026; earlier revisions carried the same assignment for output generated during a paid subscription). Tunio keeps records of its subscription periods and of the generation of each track.
Tunio takes the producer's position
Under art. 130 the producer is the person who first fixes the sounds and is responsible for the edition, reproduction and publication of the phonogram. Tunio initiates each recording, edits and assembles the catalogue and publishes it through its own service, and holds by assignment whatever rights arose on the provider's side. Tunio has not transferred the administration of these rights to any collecting society.
Tunio licenses the catalogue to your business
Your subscription grants a non-exclusive, non-transferable licence to communicate the Tunio catalogue to the public at the premises registered in your account and to relay it within those premises through any playback equipment. The number of premises depends on your plan. The scope of the licence is set out in the Terms of Service.
Tunio supplies only music it has generated itself. If a rights holder or a collecting society raises a question about a Tunio track, Tunio responds to them directly.
5What this notice does not cover
A licence from the relevant societies or rights holders is still required for any of the following at your premises:
- Radio, including internet radio. A broadcaster's licence covers the broadcast, not the public communication of it in your venue.
- Television with sound. The music in programmes and advertising is society repertoire.
- Consumer streaming services such as Spotify, Apple Music, YouTube or Amazon Music, including on a staff member's phone. Their terms permit personal use only.
- Live music, DJs and karaoke.
- Audio files uploaded to your Tunio account by you or your staff. Tunio's licence covers only the music Tunio supplies.
The statutory exemption for public performance without royalties is narrow and its conditions are cumulative: reception on a single ordinary domestic radio or television set, no charge to see or hear it, no retransmission for profit, and a very small taxpayer or micro-industry (art. 150). A streaming service delivered to a venue is not such a set, so do not rely on it. Keeping Tunio as the only source of recorded music is what makes the position in section 3 complete, and the certificate is issued on that condition.
6If a collecting society or an inspector contacts you
Collecting societies in Mexico normally begin with a letter or a visit, usually an *invitación* to take out a licence. It is worth knowing what such a visit can and cannot do. Inspection visits and provisional measures are the exclusive faculty of IMPI, and INDAUTOR may also carry out inspections at a rights holder's request. A society representative has neither power: SACM's own page states that its representatives carry a *poder notarial para pleitos y cobranzas* and official identification, which is a private mandate to claim and collect, not an inspection order.
En términos del contenido del artículo 231 de la Ley Federal del Derecho de Autor […] se reconoce la facultad exclusiva del IMPI de integrar procedimientos por Infracciones en Materia de Comercio, así como de realizar visitas de inspección e imponer medidas provisionales.
IMPI, CONCANACO-SERVYTUR and SACM, joint communiqué of 23 September 2025
The same communiqué ties the amounts to published tariffs rather than to a figure named at the counter, and commits the societies to making public the catalogues of rights they represent. IMPI stated separately on 19 September 2025 that neither it nor SACM conducts arbitrary operations, that inspectors must identify themselves by credential, and that they never request payment directly.
Las cuotas no se calcularán de una manera arbitraria, ni discrecional, sino que serán evaluadas a partir de las tarifas […] publicadas en el Diario Oficial de la Federación y registradas ante el INDAUTOR, de acuerdo a lo que establece el artículo 212 de la Ley Federal del Derecho de Autor.
IMPI, CONCANACO-SERVYTUR and SACM, joint communiqué of 23 September 2025
Ask who is in front of you
Request identification and the document being served. An *invitación* from a society is a commercial offer, not a determination. IMPI and INDAUTOR inspectors carry credentials and an inspection order.
Confirm your music source and show the certificate
State that the recorded music at the premises is supplied by Tunio and that no other source is used, and provide the certificate naming your business and premises.
Do not obstruct a lawful inspection, and keep the record
Obstructing an IMPI visit allows the facts set out in the application to be taken as proven, which is the worst possible outcome. Let a credentialled inspection proceed, make your statement part of the record, and ask for a copy of the *acta de inspección*. Do not pay anyone on the spot and do not sign a list of works you have not checked.
Ask which repertoire is being claimed
A society must keep the repertoire it administers available to users (art. 202 fr. II), and the September 2025 communiqué commits the societies to publishing it. SOMEXFON's catalogue is searchable through the IFPI repertoire tool. You are entitled to ask which specific works of which represented rights holder are said to have been played.
Refer it to Tunio within 3 working days
Forward the letter, *invitación*, inspection record or claim to product@tunio.ai with the date, the premises and the name of the society. Tunio answers the society or the authority directly and provides its rights documentation within 10 working days.
Check what was actually recorded
Automatic recognition of AI-generated tracks produces false matches with known songs, and the sound may have come from a customer's or a staff member's phone. Ask us for the record of what Tunio played at your premises at that time before accepting any list of works.
For scale: IMPI reported 2,084 inspection visits in this field to the end of August 2025, of which 1,200 were on its own initiative and 884 at a party's request. Precautionary closure, where ordered, is short, of the order of three days. Figures quoted in the press as demands from societies are negotiating positions, not fines imposed by an authority.
7Evidence Tunio provides
| Document | What it contains | How to obtain it |
|---|---|---|
| Certificate of lawful use of music content | Issued in the name of your business, naming the premises and the period, and stating that the Tunio catalogue is outside collecting-society repertoire and licensed to you for public communication at those premises. One certificate covers one location. | Download it from your Tunio account, under Profile. |
| Written confirmation for a collecting society | A letter addressed to the society that contacted you, confirming the repertoire status of the Tunio catalogue and the licence granted for your premises. | Request it at product@tunio.ai. Issued within 10 working days. |
| Rights documentation | The AI provider's licence terms, Tunio's records of its subscription and of the generation of the tracks concerned, and Tunio's written position. | Provided to a collecting society or an authority on request, within 10 working days. |
| Play record for your premises | What the Tunio service played at your location over a given period, to check against any list of works presented to you. | Request it at product@tunio.ai with the date and time. |
Certificates are issued from the Profile section of your account.
8What licences would otherwise cost, and what is at stake
For comparison, these are the rates the societies themselves publish for a beauty salon or barbershop. They are worth reading closely, because of the five music societies only two publish anything at all for this category, and neither rate comes from a tariff published in the Diario Oficial.
| Society | Published rate for a salon or barbershop | Annual cost, MXN |
|---|---|---|
| SACM | 3 UDA per branch per month, flat, regardless of floor area or number of chairs. The UDA is SACM's own unit of account, valued at $350.00 for 2026. | 12,600.00 |
| SOMEXFON | Single annual rate for beauty salons, public baths, steam rooms and saunas, in force from 20 February 2026: $9,949 plus VAT. | 11,540.84 |
| ANDI, EJE, SOMEM | No tariff published for commercial establishments. | not published |
| Published total | What a salon can actually find out in advance | 24,140.84 |
Two things follow from that table. The true total is unknowable in advance, because three of the five societies publish no rate for this category. And under art. 212 only INDAUTOR may set a tariff, by publication in the Diario Oficial; its published list of tariffs ends in 1980, and none of the entries covers shops, salons or cafés. SACM prices in its own unit through a calculator that describes itself as informative and orienting only, producing a quotation that has no legal effect and is not a formal authorisation.
What is at stake if repertoire music is played without authorisation is larger than any of these figures. Communicating a protected work to the public for direct or indirect profit without the prior express authorisation of the rights holder is an infringement in the field of commerce (art. 231 fr. I), sanctioned by IMPI with a fine of 5,000 to 40,000 UMA, which at the 2026 value of $117.31 per UMA is $586,550 to $4,692,400, rising by up to half again where works are exploited on a commercial scale, with an additional daily fine for persistence (arts. 232 and 233). Damages may not be less than forty per cent of the public sale price of the service concerned (art. 216 bis). The same top band now applies to the AI voice-cloning infringement described in section 3.
9Questions and answers
Do I need a licence from SACM, ANDI, EJE, SOMEM or SOMEXFON to play Tunio at my premises?
No, provided Tunio is the only recorded music at the premises. The Tunio catalogue is not part of the repertoire those societies administer, and your subscription includes the right to communicate it to the public at the premises registered in your account.
Does Tunio pay the societies on my behalf?
No, and there is nothing to pay them. Each society is legitimated only for the rights confided to its management (art. 200). The Tunio catalogue has no human author and no performer, and the phonogram rights are held and administered by Tunio itself, which licenses them to you directly.
Isn't background music in a shop always subject to royalties?
Playing music in a venue is indeed use for indirect profit under art. 11 of the Reglamento, and we do not argue otherwise. That settles that the act is covered; it does not settle who holds the rights. Where the rights holder licenses you directly and is paid directly, there is no separate royalty for a society to collect.
Can a society collect for rights holders who are not its members?
No. Membership is voluntary, a rights holder may exercise rights individually, and in that case the society may not intervene in collection (art. 195). A society acts only for the rights confided to it (art. 200) and must keep that repertoire available for users to inspect (art. 202 fr. II). Mexico has no extended collective licensing.
Is AI-generated music protected by copyright in Mexico?
Not as a work. An author is a natural person who created the work (art. 12), and in Amparo Directo 6/2025 the Supreme Court held on 2 July 2025 that authorship cannot be recognised in synthetic or artificial entities; INDAUTOR does not register works created solely by AI. The phonogram is different: it arises from the first fixation of sounds regardless of creativity (arts. 129 and 130), and Tunio is its producer. Reports that the Court placed AI content in the public domain are inaccurate; the judgment does not say that.
Can my staff play their own Spotify, or the radio, alongside Tunio?
Not without the corresponding licence. Consumer services are licensed for personal use only, and their catalogues, like radio and television, are society repertoire. Adding any of them brings the premises back within collective licensing regardless of Tunio.
A representative came to my salon and asked me to sign. What are they entitled to do?
A society representative may present a claim and negotiate a contract under a power of attorney to claim and collect, and must show it together with official identification. They may not inspect, seize, fine or close your premises. Inspection and provisional measures belong exclusively to IMPI, and INDAUTOR may inspect at a rights holder's request. Ask for the document in writing and send it to us.
The AI provider is involved in litigation. Does that affect my business?
Suno, the AI provider Tunio uses, is a defendant in proceedings brought by record companies and collecting societies in the United States, Germany and Denmark about how its models were trained and, in one German case, about specific outputs. Those proceedings are between Suno and the claimants; no order in them is directed at businesses playing Tunio music. If a rights holder raises a question about a Tunio track, contact us and we will respond to them directly.
Will the certificate show my business name and address?
Yes. The certificate is issued in the name of your business and states the premises registered in your account. One certificate covers one location, which matters because a licence position has to be demonstrable branch by branch.
Is this notice available in Spanish?
This version is issued in English. A Spanish translation for presentation to a society or an authority is available on request at product@tunio.ai.
Does Tunio indemnify me?
Tunio's responsibilities for the music it supplies, and the support it gives if a claim is made, are set out in the Terms of Service. This notice describes the legal position and is not itself a contract.
10Sources
- Ley Federal del Derecho de Autor, consolidated text, last reform DOF 14 May 2026 (arts. 12, 26 bis, 27, 116, 117 bis, 118, 129, 130, 131, 131 bis, 133, 150, 195, 200, 202, 212, 216 bis, 231, 232, 233)
- Reglamento de la Ley Federal del Derecho de Autor, arts. 11 and 12
- Decree reforming the LFDA on performers' rights and artificial intelligence, DOF 14 May 2026
- Supreme Court of Justice, Segunda Sala, Amparo Directo 6/2025, judgment of 2 July 2025
- INDAUTOR on the registration of works created with AI, 30 August 2025
- INDAUTOR, register of authorised collective management societies
- INDAUTOR, list of published tariffs
- IMPI, CONCANACO-SERVYTUR and SACM, joint communiqué of 23 September 2025
- IMPI, notice to the public of 19 September 2025
- INDAUTOR, inspection visits (trámite INDAUTOR-03-007)
- SOMEXFON, frequently asked questions and tariffs in force from 20 February 2026
- SACM, who must pay and the value of the UDA
- INEGI, value of the Unidad de Medida y Actualización for 2026
- Suno, Inc., Terms of Service, revision of 10 August 2026
- Tunio Terms of Service