¿Por qué la decisión de la corte a no reconocer derechos de autor de la IA no cierra el debate? | El Universal

The Supreme Court of Mexico established a fundamental precedent by ruling that works created exclusively with artificial intelligence cannot be granted copyright protection, reaffirming that this human right is reserved exclusively for natural persons. This decision confirms that, since algorithms are the ones executing the creation, the necessary human imprint required to ensure legal originality is absent, thereby separating intellectual property protection from the artificial generation of content. However, this ruling raises complex implications for the open data ecosystem and technological innovation. Ambiguity regarding how to measure the "degree of human intervention" in the use of AI creates uncertainty in the management of digital assets. For the open data community, this suggests that models and their derivative products may lack traditional protection, necessitating a reconsideration of licensing and ownership structures to avoid legal gaps that could hinder the ethical sharing and reuse of trained data. The relevance to open data lies in the urgent need to update regulatory frameworks to balance protection for human authors with the freedom to use algorithmic tools. Experts warn that oversimplifying the debate ignores the nuances of collaborative creation, requiring laws to evolve toward new legal constructs. This is crucial for maintaining an innovation ecosystem where access to technology is not hindered by outdated intellectual property restrictions, thereby fostering transparent and accessible technological development.

Source: eluniversal.com.mx
Published on 2025-09-12

¿Por qué la decisión de la corte a no reconocer derechos de autor de la IA no cierra el debate? | El Universal

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