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Mexico · MX-001

Gerald Garcia Baez - Avatar Virtual

HELDFederal Administrative Justice Tribunal; Supreme Court of Justice of the Nation788/24-EPI-01-2; Amparo Directo 6/2025Final - Supreme Court constitutional protection denied
AuthorshipCopyrightabilityHuman Creative ContributionRegistration

Key holding or allegation

The Supreme Court upheld the refusal of protection/registration under the natural-person authorship framework on the facts presented.

Why it matters

Rare supreme-court-level final authority directly addressing copyright registration of an AI-generated work.

Facts

Applicant sought registration for an avatar produced through Leonardo AI, describing his inputs but also describing the generative system as making the creative decision that produced the avatar.

Issues before the court

Whether the claimed AI-generated avatar satisfied statutory human-authorship/original-human-creation requirements.

What the court did not decide

Should not automatically be read as deciding every mixed human/AI work involving substantial subsequent editing, compositing or other demonstrable human authorship.

Procedural timeline

2024-08-30

Federal Administrative Justice Tribunal, specialised IP chamber
Administrative judicial judgment: Tribunal upheld refusal to register the AI-generated Avatar Virtual under the natural-person authorship/original-human-creation framework.

HELD
2025-07-02

Supreme Court of Justice of the Nation, Second Chamber
Supreme Court judgment: Supreme Court denied constitutional protection and left the refusal of registration in place under the human-authorship framework.

HELD