US Supreme Court refuses to hear AI-generated art copyright case, upholding human authorship rule

Reviewed byNidhi Govil

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The US Supreme Court declined to hear Stephen Thaler's appeal challenging copyright denial for AI-generated artwork. Lower court rulings stand, affirming that human authorship is a bedrock requirement for copyright protection. Thaler's lawyers warn the decision will negatively impact AI development in the creative industry during critically important years.

US Supreme Court Declines to Hear AI-Generated Art Copyright Challenge

The US Supreme Court on Monday declined to take up a closely watched case that could have reshaped copyright law for AI-generated art, effectively ending computer scientist Stephen Thaler's multi-year legal battle to secure copyright protection for artwork created by his AI system

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. The decision leaves intact lower court rulings that affirm human authorship as a bedrock requirement for copyright, a determination that carries significant implications for the rapidly evolving intersection of artificial intelligence and intellectual property law.

Source: Engadget

Source: Engadget

Thaler's case centered on "A Recent Entrance to Paradise," an image depicting train tracks entering a portal surrounded by green and purple plant imagery, which he said was created independently by his AI technology called DABUS

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. When Thaler applied for federal copyright registration in 2018, he set in motion a legal challenge that would test fundamental assumptions about creativity and authorship in the age of generative AI.

Source: Reuters

Source: Reuters

US Copyright Office Maintains Human Authorship Standard

The US Copyright Office initially rejected Thaler's application in 2022, determining that creative works must have human authors to qualify for copyright protection

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. This wasn't an isolated decision. The Copyright Office has separately denied copyright protection to artists seeking to register images generated by the AI system Midjourney, though those cases differed from Thaler's in that the artists claimed they created the works with AI assistance rather than having the AI system work independently

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In 2023, US District Court Judge Beryl A. Howell upheld the Copyright Office's position, writing that human authorship is a "bedrock requirement of copyright"

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. The US Court of Appeals for the District of Columbia Circuit affirmed this ruling in 2025, setting the stage for Thaler's appeal to the Supreme Court in October 2025, where he argued the lower court rulings "created a chilling effect on anyone else considering using AI creatively"

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Trump Administration Opposes Copyright Expansion for AI

US President Donald Trump's administration weighed in on the case, urging the Supreme Court not to hear Thaler's appeal

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. The administration argued that "although the Copyright Act does not define the term 'author,' multiple provisions of the act make clear that the term refers to a human rather than a machine"

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. This position aligns with guidance issued by the Copyright Office last year stating that AI-generated artwork based on text prompts isn't protected by copyright

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Implications for Creative Industry and AI Development

Thaler's lawyers had characterized the case as being of "paramount importance" given the rapid rise of generative AI, warning that the Supreme Court's refusal to hear the appeal would have lasting consequences

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. They argued that "even if it later overturns the Copyright Office's test in another case, it will be too late. The Copyright Office will have irreversibly and negatively impacted AI development and use in the creative industry during critically important years"

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This decision matters to anyone working at the intersection of AI and creativity. Without copyright protection, AI-generated works enter the public domain immediately, potentially affecting business models built around AI-created content. The ruling also establishes a clear boundary: while humans can use AI-powered tools in their creative process and potentially claim copyright over the final work, purely AI-generated output remains ineligible for protection.

Pattern of Rejections for AI-Created Works

Thaler's copyright case represents just one front in his broader campaign to secure intellectual property protection for AI-generated output. The Supreme Court previously rejected his request to hear arguments in a separate case involving whether AI-generated inventions should be eligible for patent protection from the US Patent and Trademark Office

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. Those patent applications, covering prototypes for a beverage holder and a light beacon, were denied on similar grounds—that an inventor must be human.

The US federal circuit court determined that AI systems can't patent inventions because they aren't human, a position the US Patent and Trademark Office reaffirmed in 2024 with new guidance

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. That guidance clarified that while AI systems can't be listed as inventors on a patent, people can still use AI-powered tools to develop patentable inventions. The UK Supreme Court reached a similar determination in a case brought by Thaler

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As AI capabilities continue to advance and AI-generated content becomes more commonplace, questions about ownership, attribution, and protection will only intensify

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. While the Supreme Court's refusal to hear this case provides clarity in the short term, it leaves open the possibility that future cases—perhaps involving different fact patterns or more collaborative human-AI workflows—could eventually prompt judicial reconsideration of these fundamental questions about authorship in the AI era.

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