Copyright

The AI-generated Olympic photo mistake (and why your brand is at risk)

The AI-generated Olympic photo mistake (and why your brand is at risk)

· Copyright

Artificial intelligence has made copying faster, cheaper and harder to detect. The recent case of an AI-generated Olympic image is a useful warning, because the exposure did not sit with the software.

Who is liable

The person or company that publishes the material. "The AI generated it" is not a defense. If the output reproduces a protected work, or a recognizable person, or a registered trademark, the publisher answers for it.

Two separate problems

Input. If the model was trained on protected works, or you prompted it with someone else image, the output may reproduce protectable expression. This is being litigated in several jurisdictions and the answers are not settled.

Output. Under Mexican copyright law, protection requires a human author. Material generated entirely by a machine, with no meaningful human creative contribution, sits in an uncomfortable position: you may not own it, which means you may not be able to stop a competitor using the same image.

What to do in practice

Keep a record of what was generated and how. Do not use AI images that reproduce identifiable people, brands or existing works. Read the terms of the tool you are using, because they vary enormously on who owns the output. And for anything central to your brand, commission human work and take a written assignment.

Where Mexican law lands

Copyright here attaches to original works and the moral right is described as united to the author, inalienable and unwaivable (article 19 of the Mexican Federal Copyright Law). That framing is built around a human author, which is the heart of the difficulty with a fully machine-generated image: it is not obvious who the author is, and therefore not obvious that anyone holds the rights.

The practical risk for a business is the mirror of that. If an image your agency delivered has no clear author, you may have nothing to assign, nothing to register and nothing to enforce when a competitor copies it.

So put it in the contract. Require disclosure of whether generative tools were used, a warranty of originality and non-infringement, delivery of source files, and an assignment of whatever rights do exist. Commissioned work gives the economic rights to the commissioner unless agreed otherwise (article 83), but that only helps where rights exist at all.

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