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ARTICLE · 25 MARCH 2025

D.C. Circuit Holds That AI-Generated Artwork Is Ineligible For Copyright Protection

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Confirming the position of the Copyright Office and past precedent considering the possibility of non-human authors, the D.C. Circuit held this week that the Copyright Act does not protect works created entirely by AI...

United StatesIntellectual Property
Nathanial McPherson
Nathanial McPherson
Nicole Kinsley
Nicole Kinsley
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Key Takeaways:

  • Confirming the position of the Copyright Office and past precedent considering the possibility of non-human authors, the D.C. Circuit held this week that the Copyright Act does not protect works created entirely by AI. This decision follows a similar conclusion by the Federal Circuit regarding the possibility of patent rights for an invention by an AI.
  • The D.C. Circuit's decision does not address the question of how much human involvement in creation is necessary for copyright protection to exist, which will be decided on the facts of future cases.

On Tuesday, March 18, 2025, the U.S. Court of Appeals for the District of Columbia Circuit issued a highly anticipated opinion in the Thaler v. Perlmutter appeal, rejecting the petitioner's attempt to obtain a copyright registration for artwork generated by artificial intelligence.

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