Mexican Supreme Court limits copyright for AI-generated works

This article was written by Rodrigo Igareda, Galina Hijar and Sofia Tostado, lawyers at Mexican firm DíazIgareda.

Recently, the Second Chamber of the Mexican Supreme Court of Justice (SCJN) unanimously ruled that works created exclusively by artificial intelligence (AI) systems can’t be registered as protected works under the Federal Copyright Law.

The SCJN emphasised that copyright is a human right belonging only to natural persons, derived from creativity, intellect and experience. Autonomous AI creations lack the authorship and originality required by law to be registrable.

What does this mean for businesses using AI-generated content?

This precedent has practical implications for businesses already using AI in their processes. In the field of marketing and digital communications, it means that images, texts, music or videos generated by AI won’t have exclusive copyright protection, so third parties can reuse them without infringing copyright.

To protect intangible assets, companies should consider alternative mechanisms such as confidentiality agreements, exclusive-use licenses, trademark registrations or industrial designs to safeguard investments and maintain a competitive advantage in the market.

It’s also essential to review contracts with creative agencies, advertising firms or technology providers that use AI. Clearly define who owns the rights over generated materials, the scope of the licences granted and any limitations on use to prevent future legal disputes.

Finally, the decision compels businesses to establish clear internal policies on the use of AI-generated content to anticipate legal and reputational risks. Competitive advantage will depend less on legal exclusivity and more on speed of execution, brand strength and market positioning.