AI-Generated Art Fails the Copyright Test: U.S. Court Upholds ‘Human-Creator’ Rule

A federal appeals court in Washington, D.C., has reinforced the stance that artificial intelligence alone cannot hold copyrights, ruling against an attempt to secure legal protection for AI-generated artwork.

The decision, handed down Tuesday, upholds a previous ruling denying copyright for an image produced by “DABUS,” an AI system developed by Stephen Thaler. The court emphasized that U.S. copyright law mandates human authorship, aligning with the U.S. Copyright Office’s consistent rejection of AI-created works without direct human input.

Thaler, who has been pushing for AI recognition in intellectual property law, argued that his system independently created the artwork titled A Recent Entrance to Paradise. His legal team maintains that denying AI-generated works copyright protection stifles innovation. However, the court stood firm, with U.S. Circuit Judge Patricia Millett stating that copyright law has always presumed human authorship as a fundamental requirement.

This ruling adds to the growing legal pushback against AI-driven creative claims. The Copyright Office has also rejected attempts by artists seeking protection for AI-assisted artworks created using platforms like Midjourney.

Thaler’s legal team has vowed to challenge the decision further, but for now, the ruling sets a clear precedent: AI may be a powerful tool, but when it comes to copyright, human hands must still shape the creation.

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