AI-Created Art Copyright Case Reaches U.S. Supreme Court: “Human Author” Emerges as Key Focus

Computer scientist Stephen Thaler petitioned the U.S. Supreme Court last Friday to review a ruling that determined AI-generated artworks cannot qualify for copyright protection under U.S. law.

Thaler argued before the justices that the U.S. Copyright Office's refusal to grant copyright protection for artwork created by his AI system “has a chilling effect on anyone considering creative use of AI” and “contradicts Congress's constitutional purpose in establishing copyright.”

A spokesperson for the Copyright Office did not immediately comment on the filing. Thaler's attorney stated that U.S. copyright law “explicitly provides that AI-generated works are and should be protectable.”

In 2018, Stephen Thaler sought copyright registration for a visual artwork titled “A Recent Entrance to Paradise” created by his AI system “DABUS.” The Copyright Office denied his application in 2022, ruling that copyright protection requires a human author for creative works.

A federal district judge in Washington, D.C., upheld that decision in 2023, stating that human authorship is a “cornerstone requirement” of copyright. The U.S. Court of Appeals for the District of Columbia Circuit affirmed that ruling this past March.

Stephen Thaler argued before the Supreme Court last Friday that his case holds “supreme importance” given the rapid rise of generative AI.

In a separate case, the Supreme Court previously rejected Stephen Thaler's claim that AI-generated inventions should be eligible for U.S. patent protection.

The case is Thaler v. Perlmutter, heard by the U.S. Supreme Court, with the case number yet to be published.

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