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TheTMCA.com

Can AI Author Copyrightable Work? The Supreme Court Just Declined to Say Yes

By Benjamin Greenberg & Kayla ‘Auli’ilani Ganir
June 4, 2026


As artists and creators integrate artificial intelligence (AI) tools into their work, courts are re-evaluating traditional notions of authorship under the Copyright Act of 1976. This past March, the issue of whether an AI system may qualify as an “author”…

TCAM Today

Can AI Prompting Satisfy the Copyright Office’s Human Authorship Requirement?

By Ryan M. Cooney
May 28, 2026

After the Supreme Court declined to hear the case Thaler v. Perlmutter, it appears settled that AI “cannot be the recognized author of a copyrighted work.”1 But to what extent can a human obtain copyright protection for a work they…

Municipal Minute

Supreme Court Declines to Hear AI Copyright Case

By Julie Tappendorf
April 20, 2026

Last month, the U.S. Supreme Court declined to hear an appeal in an Artificial Intelligence (AI)/copyright case. Thaler v. Perlmutter. You can read the court of appeals decision here.A Missouri artist had applied for a copyright registration for…

The IPKat

Is authorship inherently anthropocentric? Thaler, human authorship and the contracts quietly filling the gap

By Georgia Jenkins
March 10, 2026

Last week the US Supreme Court denied a petition for a writ of certiorari filed by Stephen Thaler to appeal the US D.C. Circuit Court of Appeals decision in Thaler v. Perlmutter. The cases centres upon the US Copyright Office…

Copyright Lately

Thaler Is Dead. Now for the AI Copyright Questions That Actually Matter.

By Aaron Moss
March 9, 2026

The Supreme Court just buried the easy AI copyright case. What’s left is the gray zone: what counts as authorship, how you prove it, what you can own, and what can still get you sued.

The internet loves a clean…

Gadgets, Gigabytes & Goodwill Blog

AI Update: SCOTUS Declines Review in Thaler Case

By Jay Myers
March 4, 2026
Data strings
Luke Jones, Unsplash

The U.S. Supreme Court has declined to hear Dr. Stephen Thaler’s appeal seeking copyright protection for his AI‑generated artwork A Recent Entrance to Paradise. The decision allows to stand the long series of administrative and judicial rulings holding that a…

Gadgets, Gigabytes & Goodwill Blog

Dr. Thaler is Right, in Part

By Jay Myers
November 10, 2025
1762806749-3239-5697-lxb_photogVQLAbGVB6Qlxb_photo-
Igor Omilaev, Unsplash

When Dr. Stephen Thaler asked the U.S. Supreme Court to reconsider the human authorship requirement for copyright protection last month, many observers dismissed the effort. Thaler’s claim—that his generative AI system should be recognized as the author of its own…

Italy Intellectual Property Blog

Thaler v. Perlmutter: The Latest in a Series of Copyright Denials for AI Art

By Carolina Citterio
May 12, 2025
A Recent Entrance to Paradise (here)

On March 18, 2025, the U.S. Court of Appeals for the District of Columbia Circuit rendered its awaited decision in Thaler v. Perlmutter case, definitively rejecting Stephen Thaler’s attempt to register copyright…

Above the Fold

AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights

By Elliot Moormann
April 2, 2025
1743701101-3163749-873-lxb_photof0JGorLOkw0lxb_photo-
Growtika, Unsplash

In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a copyright application for a…

Cleary IP and Technology Insights

Thaler v. Perlmutter Further Confirms Human Authorship Required for Copyright Protection

By Angela Dunning, Charity Lee, Arminda Bepko, Brendan J. Cohen, Nathaniel (Nate) Reynolds & Francesca Huth
March 26, 2025
Inellectual Property-333763340-Color-1200x675

On March 18, 2025, the United States Court of Appeals for the District of Columbia affirmed the lower court’s decision to deny copyright registration for an AI-generated artwork where the AI was listed as the sole author.  The court relied…

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