On March 18, 2025, the U.S. Court of Appeals for the District of Columbia Circuit that works generated solely by AI without human involvement are not eligible for copyright protection under U.S. law.
The case involved computer scientist Stephen Thaler, who developed an AI system known as the "Creativity Machine." This AI autonomously produced a piece of visual art titled "A Recent Entrance to Paradise." Thaler sought to register the artwork with the U.S. Copyright Office, listing the Creativity Machine as the author and himself as the owner. The Copyright Office denied the application, citing its policy that copyrightable works require human authorship. Thaler challenged this decision in federal court, but both the district court and the appellate court upheld the Copyright Office's stance.
The appellate court's opinion emphasized that the Copyright Act of 1976 implies human authorship as a prerequisite for copyright eligibility. The court noted that many provisions of the Act, such as those concerning the author's life span and the transfer of rights upon death, inherently apply to human creators. Consequently, the court concluded that non-human entities, including AI systems, cannot be recognized as authors under current copyright law.
This ruling carries significant business implications. Under current law, content produced entirely by AI immediately enters the public domain, allowing unrestricted commercial use. However, if human creators provide meaningful input or demonstrable control over AI-generated output, copyright protection may still apply. The court offered minimal clarity on defining “meaningful input” or “control,” leaving substantial ambiguity.
This issue is far from settled. Additional cases are pending, and congressional intervention remains possible. For now, meticulously documenting human contributions to AI-driven projects is essential. Clear documentation may safeguard your company's intellectual property—and could transform your human-AI collaborations into strategic revenue opportunities.
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About Shelly Palmer
Shelly Palmer is the Professor of Advanced Media in Residence at Syracuse University’s S.I. Newhouse School of Public Communications and CEO of The Palmer Group, a consulting practice that helps Fortune 500 companies with technology, media and marketing. Named he covers tech and business for , is a regular commentator on CNN and writes a popular . He's a , and the creator of the popular, free online course, . Follow or visit .
