Contenido creado con inteligencia artificial es de dominio público: SCJN
Contenido creado con inteligencia artificial es de dominio público: SCJN
The Supreme Court of Justice of the Nation has ruled that works created exclusively by artificial intelligence are not protected under Mexican copyright law and therefore fall into the public domain. This decision concludes that authorship is a right exclusively reserved for humans, as creativity and individuality require the experience, emotions, and intellect of a natural person. Lacking consciousness and artistic intent, AI is considered merely a tool that processes data, not a creator capable of producing legally original works. The court dismissed arguments seeking to recognize rights for users or systems through progressive interpretations or comparisons with foreign legislation. The ruling reaffirmed that moral rights are inalienable and tied to human identity, and thus cannot be transferred or assigned to synthetic entities. Ignoring this principle would be incompatible with the constitutional framework and international treaties, which define authorship as a prerogative inherent to human beings. This resolution is particularly relevant to the open data sector, as it clearly delineates which AI-generated digital assets are free from intellectual property restrictions. By classifying these works as part of the public domain, it ensures that materials produced by algorithms can be freely used, modified, and distributed by the community without legal barriers. This facilitates the creation of open datasets and promotes collaborative innovation by eliminating uncertainty regarding the ownership of automatically generated content.
Source: eleconomista.com.mxPublished on 2025-07-04