AI-Generated Content and Copyright in Mexico: What Businesses and Creators Should Know
The rise of artificial intelligence tools has transformed the way businesses create content, branding, images, marketing campaigns, and digital products. However, a recent decision issued by the Suprema Corte de Justicia de la Nación (SCJN) is now shaping how copyright protection may apply to AI generated works in Mexico.
In the case known as Amparo Directo 6/2025, the Court analyzed whether an image generated with artificial intelligence could be protected under Mexican copyright law.
The resolution has generated significant attention among:
- content creators,
- technology companies,
- marketing agencies,
- startups,
- software developers,
- and businesses using AI tools for commercial purposes.
What Happened in the Case?
A person created a virtual avatar using an AI platform and attempted to register the image before the Instituto Nacional del Derecho de Autor (INDAUTOR).
The application requested recognition of rights associated with the AI generated image, including economic rights connected to its exploitation. INDAUTOR rejected the registration on the grounds that the image was not the result of human creation. The matter eventually reached the SCJN through an amparo proceeding.
What Did the SCJN Decide?
The SCJN upheld the denial of copyright registration and concluded that, under the current Mexican legal framework, copyright protection is linked to human creativity and originality.
According to the Court:
- artificial intelligence cannot be considered an author,
- AI systems do not possess human creativity or personality,
- and copyright law protects works that originate from human intellectual creation.
The Court also emphasized that moral and economic rights belong to natural persons, not technological platforms or AI systems.
Why This Matters for Businesses
This decision creates important legal considerations for companies operating in:
- digital marketing,
- design,
- advertising,
- entertainment,
- software development,
- publishing,
- and AI-assisted creative industries.
Many businesses currently rely on tools capable of generating:
- logos,
- illustrations,
- videos,
- written content,
- virtual avatars,
- branding assets,
- and marketing materials.
The ruling raises important questions regarding:
- ownership,
- commercial exploitation,
- licensing,
- exclusivity,
- and enforceability of rights over AI-generated materials in Mexico.
Does This Mean AI Content Cannot Be Protected?
Not necessarily.
One of the most important discussions surrounding the case is the distinction between:
- content generated exclusively by AI,
- and works where human intervention, creativity, direction, or modification plays a substantial role.
The SCJN focused specifically on a work considered non-human in origin under the facts of the case. However, the broader legal debate regarding hybrid human-AI creative processes remains open.
This distinction will likely become increasingly important for:
- creative agencies,
- software companies,
- AI startups,
- and businesses producing commercial digital assets.
International Context
The SCJN also acknowledged that intellectual property laws vary from country to country. A work potentially recognized in one jurisdiction may not necessarily receive the same protection in another.
Globally, courts and regulators continue to debate:
- whether AI-generated works qualify for copyright,
- how much human participation is required,
- and how existing intellectual property frameworks should adapt to emerging technologies.
Mexico is now entering that discussion with one of its first major judicial precedents on AI and copyright law.
Legal Risks Companies Should Consider
Businesses using AI-generated content should evaluate:
- who owns the output,
- whether exclusive rights can truly be enforced,
- contractual protections with creators and agencies,
- licensing limitations from AI platforms,
- and potential intellectual property disputes.
This becomes especially important when AI-generated assets are used in:
- branding,
- advertising campaigns,
- commercial products,
- software interfaces,
- or investor-facing materials.
The Importance of Legal Review in the AI Era
As artificial intelligence continues transforming creative industries, businesses should not assume that AI-generated content automatically receives the same legal protections as traditional works.
Companies operating in Mexico should carefully review:
- intellectual property strategies,
- licensing agreements,
- ownership clauses,
- and risk exposure associated with AI-generated assets.
At MexLaw, our legal team assists businesses, creators, and investors with:
- intellectual property protection,
- digital compliance,
- technology law,
- copyright strategy,
- and legal risk assessment involving emerging technologies and artificial intelligence.
Need legal support for your business? Contact us today.
Our team is ready to assist you with all your commercial legal matters.