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ARTICLE · 29 AUGUST 2023

Judge Rules AI-Generated Art Is Not Copyrightable

Thompson Coburn LLP
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In an August 18, 2023 decision, a judge ruled that works generated by artificial intelligence (AI) are not copyrightable. This may have significant ramifications for protecting works created, in whole or in part, by AIs.

United StatesIntellectual Property
Matthew Braunel
Matthew Braunel
Michael Parks
Michael Parks
Alex Weidner
Alex Weidner
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In an August 18, 2023 decision, a judge ruled that works generated by artificial intelligence (AI)1 are not copyrightable. This may have significant ramifications for protecting works created, in whole or in part, by AIs.

Stephen Thaler owns a computer system called the "Creativity Machine," which Thaler alleges generates pieces of visual work of its own accord.2 He sought to register a copyright for once such piece titled "A Recent Entrance to Paradise" which is shown below.3

Thaler's application listed the Creativity Machine as the author, and requested that the copyright transfer to him as the owner of the Creativity Machine.4 The Copyright Office denied the application on the ground that the work lacked human authorship which, in the view of the Register of Copyrights, is a prerequisite to obtaining a copyright.5 Thaler challenged the Copyright Office's decision pursuant to the Administrative Procedures Act by filing suit in the U.S. District Court for the

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