Autonomous AI-Generated Artwork Cannot Be Copyrighted, Judge Rules

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A new federal ruling states human authorship remains an “essential part of a valid copyright claim”

The decision, issued by Judge Beryl Howell, stemmed from computer scientist Stephen Thaler’s efforts to copyright an image he said was created by an AI model, identified as Creativity Machine. Thaler claimed that as the owner of Creativity Machine, he was entitled to the copyright. The Copyright Office rejected that application on the grounds that human authorship is necessary to secure a copyright, prompting Thaler to sue.

Howell ultimately upheld the Copyright Office’s decision, citing long-standing precedent about human authorship. “The act of human creation — and how to best encourage human individuals to engage in that creation, and thereby promote science and the useful arts — was thus central to American copyright from its very inception,” Howell wrote.

“Underlying that adaptability, however, has been a consistent understanding that human creativity is theat the core of copyrightability, even as that human creativity is channeled through new tools or into new media,” she wrote, adding: “Copyright has never stretched so far, however, as to protect works generated by new forms of technology operating absent any guiding human hand, as plaintiff urges here. Human authorship is a bedrock requirement of copyright.

 

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