Mexico’s Supreme Court denies AI-generated works copyright protection (via DEV)

Mexico’s Supreme Court has ruled that works created exclusively by artificial intelligence (AI) cannot be granted copyright protection. This decision underscores a significant legal stance, emphasizing that authorship and copyright are reserved for human creators. It sets a legal precedent in Mexico’s approach to intellectual property in the era of AI-generated content.

Why this matters: As AI continues to produce art and other creative works, the ruling delineates the boundary between human and machine-generated creativity, impacting how AI contributions are viewed legally and commercially.

The big picture:

• The Supreme Court’s decision clarifies that the Federal Copyright Law (LFDA) attributes authorship exclusively to humans, with creativity, originality, and individuality deemed essential human attributes.
• Automated systems, according to the court, do not possess these qualities and thus cannot claim moral rights or copyright under the LFDA.

Case background:

• In 2024, a registration application for “Virtual Avatar: Gerald García Báez,” an AI-created work, was denied by the Copyright National Institute (INDAUTOR) due to a lack of human intervention.
• The applicant argued that excluding AI-generated works violated international treaties and principles of equality and human rights. However, the Supreme Court maintained that these treaties do not require extending copyrights to non-human entities.

What they’re saying:

• The Supreme Court highlighted that copyright is a human right, derived from human creativity, intellect, feelings, and experiences, and cannot be extended to AI.
• Intellectual property specialists note that AI-assisted works can be registered if there is significant human contribution, emphasizing the need to document human involvement in the creative process.

Implications for AI-generated content:

• Works created with AI involvement can still be eligible for copyright if they include a demonstrable human contribution that adds originality and a personal touch.
• This decision may influence how AI is integrated into creative industries, potentially requiring more collaboration between AI and human creators to meet copyright standards.