Open Data

IA y derechos de autor: el amparo 6/2025

IA y derechos de autor: el amparo 6/2025

The Mexican Supreme Court recently ruled that works generated entirely by artificial intelligence cannot receive copyright protection because they lack the essential human creativity required by law. By confirming that only natural persons can be recognized as authors, the decision reinforces the principle that intellectual property rights are inherent to human intellect. This aligns with international consensus and clarifies that AI systems, regardless of their sophistication, are not legal subjects capable of owning creative works. However, the ruling carefully distinguishes between creations driven solely by algorithms and those developed by humans using AI as a tool. Content where human intervention is substantial and creative retains copyright protection, maintaining the traditional framework that values individual originality. This distinction ensures that technology serves as an instrument for human expression rather than a replacement for it, preserving the legal integrity of authorship while adapting to new digital realities. This case is highly relevant to open data because it highlights the urgent need for updated normative frameworks that address the legal status of data and content produced by machines. As AI-generated materials increasingly populate digital ecosystems, clarifying their intellectual property status impacts data governance, transparency obligations, and market access. The decision underscores the necessity for interdisciplinary legal reforms that balance human creativity with technological advancement, ensuring that data usage remains transparent and equitable in the age of generative AI.

Source: eljuegodelacorte.nexos.com.mx
Published on 2025-09-03

Related news