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AI-made works can’t be copyrightable, says US court… for now, at least.

Mar 24, 2025 - musicbusinessworldwide.com
A federal appeals court has ruled that works created solely by artificial intelligence cannot be copyrighted under US law, affirming that human authorship is a fundamental requirement for copyright protection. The case, Thaler v. Perlmutter, involved Dr. Stephen Thaler's attempt to register a copyright for an artwork created by his AI system, the Creativity Machine. The court upheld the US Copyright Office's denial of the application, emphasizing that the Copyright Act of 1976 requires authors to be human. The ruling leaves open the possibility for Congress to amend the law in the future to include AI-generated works.

The court's decision also clarified that while AI-generated works cannot be copyrighted, works created with the assistance of AI can still be eligible for copyright protection, provided a human is recognized as the author. This distinction is important for industries using AI tools in creative processes. The ruling comes amid ongoing legal battles involving AI and copyright, highlighting the evolving intersection of technology and intellectual property law.

Key takeaways:

  • The U.S. Court of Appeals for the District of Columbia Circuit ruled that AI-generated works cannot be copyrighted under current U.S. law, as human authorship is required.
  • The court emphasized that the term "author" in the Copyright Act is intended to refer to human beings, based on the context and provisions of the statute.
  • The ruling does not prohibit copyright protection for works created with the assistance of AI, as long as a human is considered the author.
  • The decision leaves open the possibility for Congress to amend copyright law in the future to extend protection to AI-generated works.
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