United States · Copyright

US Thaler Copyright Case

The applicant named an AI system as the sole author. The appellate court upheld refusal under the human-authorship requirement of the Copyright Act of 1976, and the Supreme Court later denied certiorari. The case did not decide copyrightability of AI-assisted work with substantial human authorship.

Court or tribunal
United States Court of Appeals for the District of Columbia Circuit
Representative decision date
18 March 2025
Procedural status
Registration refusal affirmed; Supreme Court denied certiorari on 2 March 2026
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.
  • The Supreme Court denied certiorari on 2 March 2026; the denial was not a new merits judgment.
Dates & procedural record
  • The Supreme Court docket No. 25-449 records denial of certiorari.

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.

Decisions and ordersFull judgments, orders and tribunal decisions1 document

PROJECT ENQUIRY

How does this precedent affect your product or litigation?

Consult with our practice team →