Mexico’s Supreme Court of Justice (SCJN) has ruled that works generated by AI cannot be registered as original creations under the country’s copyright law, rejecting a challenge brought by Gerald García Báez.
In its decision on Amparo Directo 6/2025, the Court upheld earlier rulings by the Instituto Nacional del Derecho de Autor (INDAUTOR) and the Federal Tribunal of Administrative Justice’s Specialized Chamber for Intellectual Property, which had denied registration of García Báez’s proposed work, “Avatar Virtual: Gerald García Báez.” INDAUTOR concluded the content lacked human authorship and therefore did not meet the standard of originality required under Mexico’s copyright framework.
García Báez argued that the refusal violated his constitutional and human rights, citing protections under both Mexican law and the American Convention on Human Rights. He maintained that the AI-generated material represented a legitimate creative work deserving of legal recognition.
The Supreme Court disagreed, stressing that copyright protection is reserved for works reflecting human creativity and individuality. In its ruling, the Court stated plainly: “La Justicia de la Unión no ampara ni protege a Gerald García Báez” — the Justice of the Union does not shield or protect the claimant.
The case highlights growing legal tensions worldwide over whether artificial intelligence can qualify as an “author.” By affirming that AI-generated works fall outside copyright protection, Mexico’s highest court has aligned itself with a restrictive approach increasingly seen in international debates.
Legal experts say the ruling will likely shape future disputes in creative industries as AI tools become more widespread in producing text, images, music, and video. For now, the precedent is clear: in Mexico, copyright belongs only to human creators, leaving AI-generated works in the public domain unless a human contribution can be demonstrated.
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