In 2019, Stephen Thaler developed an AI system he called The Creativity Machine. He generated output he called A Recent Entrance to Paradise. When he applied to register a copyright claim in the output, he listed the machine as the author. He claimed ownership of the work as a work made for hire. In his application, he asserted that the work was autonomously created by a machine. The Copyright Office denied the claim on the basis that human authorship is a required element of a copyright claim.
On appeal, the United States district court affirmed the Copyright Office’s decision. Thaler attempted to argue, for the first time, that it was copyrightable because he provided instructions and directed the machine’s creation of the work. The district court found that he had waived that argument.
The Court of Appeals Affirms
Thaler sought review in the Court of Appeals for the Federal Circuit. On March 18, 2025, the Court of Appeals affirmed. The Court cited language in the Copyright Act that suggested Congress intended only human beings to be authors. The Court did not reach the question whether the Copyright Clause of the U.S. Constitution might protect machine-generated works if Congress should choose someday to extend copyright protection to these kinds of materials.
The Court held that the question whether Thaler could claim authorship on the basis of the fact that he made and directed the operation of the Creativity Machine has not been preserved for appeal.
Update: Thaler sought Supreme Court review. Read what happened in Last Exit from Paradise.
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About the Author: Written by Thomas James, a licensed attorney with a practice focused on trademark and copyright protection for creators, entrepreneurs, and nonprofits. He is an accomplished author of legal texts and is admitted to practice before the Bar of the United States Supreme Court.
Disclaimer: The information in this blog post is for general informational and entertainment purposes only and does not constitute legal advice or establish an attorney-client relationship. While I am an attorney, I am not your attorney. If you need legal advice, you should retain or consult with an attorney.
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