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ARTICLE · 01 SEPTEMBER 2023

Federal Court Rules Work Generated By Artificial Intelligence Alone Is Not Eligible For Copyright Protection

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As more individuals and businesses are seeking to take advantage of artificial intelligence to generate written and visual content, it is important to understand the scope of copyright protection...

United StatesIntellectual Property

As more individuals and businesses are seeking to take advantage of artificial intelligence to generate written and visual content, it is important to understand the scope of copyright protection that might ultimately be afforded to that content. On 18 August 2023, in Thaler v. Perlmutter, Case No. 1:22-cv-01564, (D.D.C. 2022), the United States District Court for the District of Columbia confirmed that artwork generated autonomously by artificial intelligence (AI) alone is not entitled to protection under the Copyright Act. This first-of-its-kind federal court ruling sets the baseline for those seeking to secure ownership and copyright protection for AI-generated content.

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