Introduction
The use of artificial intelligence (AI) to generate images, text, music, and videos has exploded in recent years. However, a recent ruling by the Supreme Court of Justice of the Nation (SCJN) clarifies a crucial point: works created exclusively by AI cannot be protected by copyright in Mexico.
This decision sets a national precedent and forces creators, companies, and legal professionals to rethink how they protect their content in the digital age.
What Did the Supreme Court Decide?
In Amparo Directo 6/2025, Mexico’s Supreme Court reviewed the case of a person who sought to register with the National Institute of Copyright (INDAUTOR) a virtual avatar created with an AI tool. The applicant requested economic rights and even moral rights for the AI itself.
The Court ruled that:
- Only human beings can be considered authors under the Federal Copyright Law (LFDA).
- Artificial intelligence has no legal personality and therefore cannot hold moral or economic rights.
- As a result, works generated entirely by AI cannot be registered for copyright protection in Mexico.
This interpretation sets a binding precedent for any attempt to credit an AI system as an “author” in the country.
Legal Basis
The LFDA defines an author as “the natural person who creates a literary or artistic work.”
According to the Court, even though AI can produce creative outputs, it lacks will, conscious originality, and legal personality—all essential elements for authorship.
What If There Is Human Involvement?
The ruling does not close the door on all AI-generated works. When there is substantial human participation, such as selection of elements, editing, or creative direction, the person who can prove this involvement may register the work.
For example, a designer who uses AI to create initial drafts but then edits and defines the final composition can be considered the legal author.
Practical Implications Across Mexico
This decision carries major consequences for:
- Content creators: photographers, writers, musicians, and designers using AI must document their creative input to secure rights.
- Businesses: marketing campaigns or branding projects that rely solely on AI-generated content risk leaving their works in the public domain.
- Law firms and legal advisors: they must guide clients on how to demonstrate human authorship and avoid intellectual property conflicts.
Local Examples in Playa del Carmen
While the ruling applies nationwide, it is especially relevant in creative hubs like Playa del Carmen and the Riviera Maya:
- A design studio creating digital postcards of the Mexican Caribbean with AI must prove human intervention to protect its work.
- Real estate agencies generating property renderings using AI need to show creative direction if they wish to claim exclusive rights to those images.
Risks and Recommendations
Anyone using AI without considering this ruling faces key risks:
- Loss of economic rights over their creations.
- Difficulty licensing or selling works generated solely by AI.
- Potential conflicts if third parties reuse the content.
Key Recommendations:
- Document your creative process: keep records of the steps where you actively participated.
- Use clear contracts: define human authorship when collaborating with AI on creative projects.
- Seek legal advice: an intellectual property attorney can help protect your work and navigate registration requirements.
Conclusion
Artificial intelligence opens exciting creative possibilities, but Mexican law continues to recognize only humans as authors.
If you use AI as a tool, make sure you can prove your involvement to safeguard your rights.
At Anaya Legal Playa, we provide legal guidance to protect your creations in this evolving technological landscape, helping you approach official registrations with confidence and legal certainty.
Do you use AI in your creative projects? 📩 Contact us at anayalegalplaya.com for a consultation on how to secure your copyright rights in Mexico.