Obras creadas con IA no generan derechos de autor: SCJN

Obras creadas con IA no generan derechos de autor: SCJN

The Supreme Court of Justice of the Nation has definitively ruled that copyright protection is exclusively reserved for natural persons, requiring originality derived from human intellect, creativity, and personality. By rejecting an attempt to register a work generated by AI, the Court affirmed that artificial intelligence lacks the essential human elements necessary for authorship, thereby maintaining copyright as a right intrinsically linked to human creation. This decision highlights the legal distinction between using AI as a tool and AI being an author. Since international treaties like the Berne Convention do not recognize non-human entities as authors, the ruling ensures that copyright laws remain focused on individual expression. The Court rejected arguments equating AI with human rights or equality, establishing that technology cannot claim the same legal status as people regarding intellectual property. For the open_data community, this ruling is crucial as it defines the boundaries of data ownership in an era of generative AI. It clarifies that datasets and outputs created by algorithms do not automatically possess the same legal protections as human-made works. This distinction impacts how organizations handle data licensing, transparency, and the commercialization of AI-generated content, reinforcing that human accountability remains central to intellectual property frameworks.

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