United States · Copyright

US Thaler Copyright Case

The applicant listed an artificial intelligence system as the sole author of a work. The court affirmed the refusal of registration, confirming that current United States copyright law requires human authorship.

Court or tribunal
United States Court of Appeals for the District of Columbia Circuit
Decision date
17 March 2025
Procedural status
Appellate judgment; U.S. Supreme Court denied certiorari
Case number
No. 23-5233

01

Factual background & dispute

  • The application designated the "Creativity Machine" as the sole author of the work.
  • The United States Copyright Office refused registration, prompting the applicant to seek judicial review and subsequent appeal.

02

Core issues & judicial focus

  1. Whether an artificial intelligence system can qualify as an author under United States copyright law
  2. Whether ownership or work-made-for-hire theories can support registration where the work was generated autonomously and the applicant did not claim human creative contribution before the agency

03

Judicial finding & holding

  • The appellate court affirmed the refusal of registration, holding that the Copyright Act of 1976 requires a work to be authored in the first instance by a human being.
  • The court did not reach Thaler's claim that developing and using the system made him the author because that claim was waived before the agency; it also did not decide the copyrightability of AI-assisted works containing human authorship.

04

Practical risk implications

01Document specific human contributions in selection, arrangement, modification, and finalization when targeting the United States market.

02Align contractual work-allocation provisions with legally available statutory rights.

Court documentsFull judgments and orders1 document

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