Last week in the case of Thaler v. Perlmutter, Judge Beryl Howell of the United States District Court for the District of Columbia held that copyright protection does not attach to works auth…
, Judge Beryl Howell of the United States District Court for the District of Columbia held that copyright protection does not attach to works authored solely by artificial intelligence.
In a letter to Thaler, the Copyright Office denied Thaler’s application because the work lacked “the human authorship necessary to support a copyright claim. Thaler later sought judicial review. Thus, as Howell wrote, “[w]hile plaintiff attempts to transform the issue presented here, by asserting new facts that he ‘provided instructions and directed his AI to create the Work,’ that ‘the AI is entirely controlled by [him]’ and that ‘the AI only operates at [his] direction’ … implying that he played a controlling role in generating the work — these statements directly contradict the administrative record.
Howell left for another day the more complicated question of whether works authored jointly by humans and machines are copyrightable. The quantum of human creativity necessary for copyright protection to attach to a work has vexed courts since the late 1800s. For instance, in 1884’s, the Supreme Court held that Congress did not exceed its authority under the Constitution’s Patent and Copyright Clause when it extended copyright protection to photographs.
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