As AI-generated artwork becomes more common, it may no longer be copyrightable, according to US courts. On Monday, the US Supreme Court declined to hear a case over whether artwork created with the help of AI can be copyrighted. A denial means that the lower court’s decision to deny the copyright request stands.
The case dates back to 2018 when Stefan Thaler applied for the copyright of an artwork a recent entry into heaven. As opposed to using ChatGPIT or MidJourney, Thaler, a computer scientist, created an AI system that generated the corresponding artwork. However, the US Copyright Office rejected their application in 2022 on the grounds that it was not created by a human author. Thaler sought to appeal to higher courts, but ultimately had to take the case to the Supreme Court after both a federal judge and the U.S. Court of Appeals in Washington ruled against him.
Following the US Supreme Court’s denial, it is unlikely that Thaler’s case will be able to continue. The U.S. Supreme Court could always hear a related case in the future, but Thaler’s lawyers said, “Even if it later overturns the Copyright Office’s test in another case, it will be too late,” adding that the decision would have negatively impacted the creative industry during “critically important years.” It is worth noting that Thaler also filed applications with the US Patent and Trademark Office for AI-generated inventions, which were rejected for similar reasons.
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