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ARTICLE · 24 AUGUST 2023

Generative AI Cannot Meet Authorship Requirement For Copyright Protection, District Court Rules

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A recent decision by Judge Beryl Howell in the United States District Court for the District of Columbia ("D.C. District Court") affirmed that human authorship is required for copyright registration.

United StatesIntellectual Property
David C. Vondle
David C. Vondle
Ed Pagano
Ed Pagano
David Lee
David Lee
Lisa Hladik
Lisa Hladik
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A recent decision by Judge Beryl Howell in the United States District Court for the District of Columbia ("D.C. District Court") affirmed that human authorship is required for copyright registration. In granting the United States Copyright Office's (USCO) motion for summary judgment, the court agreed with the USCO's denial of a copyright registration for a work created by generative artificial intelligence (AI) absent any human involvement. This is one of several recent decisions addressing whether copyright protection is available for works created by generative AI, and raises numerous legal and policy issues that will continue to be addressed by courts and other government bodies in the near future.1

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