The US Supreme Court Declines to Hear AI Copyright Case.

Dr. Stephen Thaler created a generative artificial intelligence named the “Creativity Machine.” The Creativity Machine made a picture that Dr. Thaler titled “A Recent Entrance to Paradise.” Dr. Thaler tried to register the copyright in the work with the United States Copyright Office. On the application, Dr. Thaler listed the Creativity Machine as the work's sole author and himself as the work's owner.

The Copyright Office denied Dr. Thaler's application based on its established human-authorship requirement. This policy requires work to be authored in the first instance by a human being to be eligible for copyright registration. 

Dr. Thaler brought suit. The District Court agreed with the Copyright Office and refused Dr. Thaler’s request to force the Copyright Office to register for the work. The District Court’s decision was upheld by the Fourth Circuit Court of Appeals. 

The Fourth Circuit reasoned that the Constitution (Article I, Section 8, Clause 8) created copyright for protection of useful and creative rights of an individual.

The Copyright Office administers copyrights. The Office has long recognized that only individuals (i.e. humans) have the right to register a copyright.

Dr. Thaler made several arguments attempting to support his position that AI generated content would be proper subject matter for copyright protection. Unfortunately, each of his arguments were based on the erroneous assumptions about the use of technology and the creation of original works of authorship. Over the years Copyright Law has accommodated technological advances that help create copyrightable works, such as photography, music recordings and film. But in each case, a person creates the work using the technology. In the case of AI, the machinery creates the work and not the person.

Dr. Thaler appealed to the US Supreme Court. On March 2, 2026, the US Supreme Court declined to hear the appeal.

Therefore, the longstanding rule that works must be created by a human in order to receive copyright protection remains in place.