Only Humans Can Be Recognized as Authors Under Copyright Law

By Enrique Cheang, E.C.V. & Asociados

Only Humans Can Be Recognized as Authors Under Copyright Law

Copyright law is fundamentally designed to recognize and protect the creativity and intellectual effort of natural persons. This means that only human beings can be legally recognized as authors of a work. Machines, software, and artificial intelligence systems are excluded from this legal figure, regardless of their ability to generate content.

The rationale behind this limitation lies in the nature of authorship itself. Creativity, intention, and the capacity for artistic or intellectual expression are inherently human traits. Copyright protection exists to safeguard these uniquely human contributions, ensuring that individuals receive acknowledgment and control over their original works.

As a result, works generated entirely by machines or AI cannot be attributed authorship under current legal frameworks. Intellectual property rights remain exclusive to human creators, reflecting the principle that authorship is not merely about producing output, but about the human thought, creativity, and expression behind it.

E.C.V. & ASOCIADOS

E.C.V. & ASOCIADOS is an organization born in 1996 guided by the mission of providing a comprehensive advice service in the area of Intellectual Property.

We have the sole purpose of collaborating with our clients, making us fully responsible for the management of the very delicate activities and intangible assets of the IP area, those that usually absorb an important amount of energy and time for companies.

All the activities carried out by our firm are backed up by a professional and human team that guarantees experience, trust and the best handling of legal cases, as well as the loyalty towards our clients and total privacy of information.

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