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US Court Denies Copyright for AI-Generated Art: A Landmark Ruling

Updated: Sep 22, 2023


AI-Generated Art
AI-Generated Art
In a groundbreaking decision, a U.S. federal court has ruled that AI-generated art does not qualify for copyright protection under the U.S. Copyright Act. This decision has far-reaching implications for the intersection of artificial intelligence and creative works. This article delves into the details of the case, the implications, and the ongoing debates surrounding AI-generated art.

The Case: Thaler v. Perlumtter

The case at the center of this ruling is Thaler v. Perlumtter. Dr. Stephen Thaler, the plaintiff, sought copyright protection for an AI-generated artwork titled "A Recent Entrance to Paradise," which was created by his AI system, the "Creativity Machine." However, the U.S. Copyright Office had previously refused to grant copyright protection to the work, arguing that it was not created by a human.


Arguments and Counterarguments:

  1. AI as Authors: Dr. Thaler's main argument was that AI-generated works should be eligible for copyright protection, given the current language of the U.S. Copyright Act. He contended that AI can functionally behave like an author and satisfy the "authorship" requirement.

  2. Lack of Legal Precedent: Dr. Thaler cited a lack of legal precedent and case law supporting the Copyright Office's position. He argued that AI-generated works should be protected similarly to non-human entities, citing the 1800 case of Burrow-Giles Lithographic Co. v. Sarony.

  3. Turing Test: Dr. Thaler also proposed that the courts should apply the Turing Test to determine whether AI can create something indistinguishable from human work for copyright protection purposes. He referenced cases like Urantia Foundation v. Maaherra and the famous monkey selfie case, Naruto v. Slater.

The Court's Decision:

Ultimately, the court upheld the U.S. Copyright Office's position. It ruled that AI-generated art, even if created solely by AI without human intervention, does not meet the "authorship" requirement of copyrightability. The court emphasized that human creativity is at the core of copyrightability, and the Copyright Act is designed to protect only works created by humans.


Implications and Controversies:

  1. Authorship and Ownership: The decision raises fundamental questions about authorship and ownership of AI-generated art. Who should be considered the true creator—the programmer, the AI, or both?

  2. Value and Authenticity: Determining the value and authenticity of AI-generated artworks becomes a complex task for art collectors and the art market.

Future of AI-Generated Art:

Despite this ruling, AI-generated art continues to thrive and evolve. Artists and creators are using AI as a creative tool, and the field of AI-generated art is advancing rapidly. The decision may prompt further legal discussions and potential changes in copyright law to accommodate evolving technologies.


The U.S. court's denial of copyright protection for AI-generated art sets a significant precedent in the ongoing conversation about the role of AI in creative works. While it reaffirms the importance of human creativity in copyright law, it also highlights the need for updated legal frameworks to address the complexities of AI-generated content in the digital age. As technology continues to advance, the legal landscape for AI-generated art will likely see further developments and adaptations.

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