The National Institute of Copyright (Indouuter), of the Ministry of Culture of the Government of Mexico, recognized on Saturday the decision of the Supreme Court of Justice of the Nation (SCJN) that denies that the works created with artificial intelligence (AI) can be registered as copyright in the country.
In a statement, the agency recapitulated that the resolution issued a few days ago by the Court occurred after in 2024 a person asked the investigator to register the digital work “Avatar Virtual”, generated by the Leonardo platform.
The investigator rejected the registration “when considering that the Federal Copyright Law (LFDA) demands that the works be of human creation, with the characteristic of originality as an expression of the individuality of its author and its personality,” the text continues.
In response, the applicant challenged the decision of the investigator before the Specialized Chamber of Intellectual Property of the Federal Court of Administrative Justice.
The plaintiff argued that “the work of AI was registrable because creativity should not be limited to the human, and that excluding it implied a violation of human rights, at the beginning of equality and technological evolution,” said the investigator.
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Works carried out with AI cannot be analyzed as a human right: SCJN
However, the Chamber confirmed the refusal and the applicant promoted an amparo trial, with the argument that the resolution violated their rights to equality, legal certainty and non -discrimination.
On the decision of the second room of the SCJN, the Institute stressed that, unanimously of votes, the ministers rejected the amparo, at the conclusion that “author’s law is an exclusive human right of natural persons, derived from their creativity, intellect, feelings and experiences.”
In addition to this type of works “do not meet the originality requirements required by the LFDA,” says the investigator statement.
The SCJN also sentenced that the protection of artificial entities cannot be analyzed under the premise of the human right to legal equality, since both have “incompatible” characteristics.
“The works created exclusively by artificial intelligence systems are not registrable under the copyright regime,” says the text.
With EFE information
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