< IP News

US Court Denies Copyright for AI-generated Work

On 18 August 2023, a US district court in Washington, DC held that AI-generated work without human input cannot be copyrighted in the US. Specifically, the court held that copyrightable work requires human authorship. The court’s judgment aligns with the US Copyright Office’s (“USCO”) policy statement which also provides that copyright registration requires human authorship. The USCO also denied the copyright registration of images generated by the AI image generator Midjourney earlier this year.

The court made its decision with respect to the visual art piece titled “A Recent Entrance to Paradise.” The “Creativity Machine,” a computer program, created the piece of its own accord.

The owner of the “Creativity Machine” is Dr. Stephen Thaler. Dr. Thaler is also known for his lawsuits aimed at allowing AI to be named as an inventor of a patent. Dr. Thaler has succeeded in some jurisdictions, for example South Africa and Australia, and lost in other jurisdictions, for example the US, the UK, and New Zealand.

See here for the full court judgment.

See here, here, and here for more developments in AI being named as an inventor of a patent.

Information made available on this website in any form is for information purposes only. It is not, and should not be taken as legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Oyen Wiggs Green & Mutala LLP professionals will be pleased to discuss resolutions to specific legal concerns you may have.