La SCJN confirma que la inteligencia artificial carece de derechos de autor

The Supreme Court of Justice of the Nation of Mexico has ruled that artificial intelligence cannot be recognized as an author or holder of moral rights, reserving this status exclusively for natural persons. This decision reaffirms that essential attributes such as creativity and originality are inherent to human subjectivity, thereby excluding algorithms from authorship status under current legislation and international treaties such as the Berne Convention. The relevance for data science and open data lies in the clear delineation of ownership over datasets and algorithmically generated works. By determining that AI lacks legal capacity to hold rights, the traditional structure of intellectual property is preserved, implying that purely automated content is not subject to standard copyright protection. This requires organizations to reconsider how they classify and manage digital assets, ensuring that the absence of copyright protection is not viewed as a complete legal vacuum, but rather as a technical distinction regarding authorship. However, the ruling leaves a crucial opening for hybrid works, allowing the registration of works when there is a substantive and demonstrable human contribution. For the open data community, this means that projects that use AI as a support tool, but where an individual directs, edits, and contributes creative judgment, can indeed be protected. The key lies in rigorously documenting human intervention, ensuring that the added intellectual value resides in the person and not in the model, thereby maintaining the integrity of both open and closed data ecosystems under clear legal frameworks.

Source: eleconomista.com.mx
Published on 2025-08-30

La SCJN confirma que la inteligencia artificial carece de derechos de autor

Related news