Mexico says works produced by AI can not be approved copyright

In an era where art work is progressively affected and also developed by Artificial Intelligence (AI), Mexico’s High court (SCJN) has actually ruled that works produced specifically by AI can not be signed up under the copyright routine. According to the ruling, authorship belongs entirely to humans.

“This resolution establishes a legal precedent regarding AI and intellectual property in Mexico,” the Copyright National Institute (INDAUTOR) said on Aug. 28 in a declaration on its official X account adhering to the SCJN’s decision.

The SCJN’s unanimous choice stated that the Federal Copyright Law (LFDA) books authorship to human beings , which any type of creative innovation generated solely by formulas lacks a human writer to whom ethical legal rights can be attributed.

According to the High court, automated systems do not have the necessary qualities of creativity, originality and individuality that are taken into consideration human qualities for authorship.

“The SCJN fixed that copyright is a human right unique to humans derived from their creativity, intellect, feelings and experiences,” it claimed.

The High court fixed that functions produced autonomously by artificial intelligence do not satisfy the originality needs of the LFDA. It stated that those needs are constitutional as limiting authorship to people is “objective, sensible and suitable with global treaties.”

It even more added that defenses to AI can not be given on the exact same basis as human beings, given that both have fundamentally different features.

What held true concerning?

In August 2024, INDAUTOR denied the registration application for “Digital Avatar: Gerald García Báez,” produced with an AI referred to as Leonardo, on the basis that it did not have human treatment.

“The enrollment was denied because the Federal Copyright Regulation (LFDA) needs that works be of human production, with the characteristic of creativity as an expression of the writer’s individuality and individuality,” INDAUTOR said.

The candidate contested the rejection, arguing that creativity ought to not be restricted to humans. In the opinion of the accused, excluding works generated by AI broke the concepts of equal rights, civils rights and global treaties, including the United States, Mexico and Canada arrangement (USMCA) and the Berne Convention.

Nonetheless, the High court made clear that such global treaties do not oblige Mexico to provide copyrights to non-human entities or to extend the concept of authorship beyond what is developed in the LFDA.

Does the resolution enable registration of jobs generated with AI?

Yes, provided there is a substantive and demonstrable human contribution. This indicates that functions produced in cooperation with AI, in which human beings direct, pick, edit or change the result created by AI until it is endowed with originality and an individual touch, go through enrollment before INDAUTOR.

Intellectual property professionals sought advice from by the newspaper El Economista described that to sign up imaginative work established in partnership with AI, it is necessary to record the human intervention and send the imaginative process in a manner that lines up with the LFDA.

Mexico Information Daily