Amparo Directo 6/2025 (AI avatar)

Protection of AI output

Can AI-generated work be protected?

Human authors only

Mexico's Supreme Court: only humans can be authors; no moral rights for an AI

Holding

The applicant sought to register an image made with the Leonardo AI platform from his photos and instructions, with moral rights for the AI. The Court held that registration requires a work of human intellect that is original, that originality is tied to human creativity, that moral rights protect a personal link an AI cannot have, and that reserving authorship to natural persons is constitutional.

The first apex court in Latin America to rule on AI authorship.

Principles it bears on

• SupportsCopyright needs a human author; protection follows human creative input, not the machine.

Sources