October 12, 2025

In a landmark move, computer scientist Stephen Thaler has petitioned the US Supreme Court to deliberate on a pivotal question: Can creative works generated solely by artificial intelligence be eligible for copyright protection? This step challenges a recent decision by the DC Circuit Court which maintains that copyright can only be granted to works authored by humans.
Thaler's legal challenge originates from his attempt to secure copyright for "A Recent Entrance to Paradise," an artwork autonomously created by his AI system, the Creativity Machine. The U.S. District Court for the District of Columbia initially denied this application, asserting that copyright necessitates human authorship. The subsequent affirmation by the United States Court of Appeals for the District of Columbia further solidified the stance that the Copyright Act mandates human involvement in the creative process.
The core of Thaler’s argument in his [petition for certiorari](https://fingfx.thomsonreuters.com/gfx/legaldocs/dwvklwmyypm/USA%20COURT%20AI%20COPYRIGHT%20cert.pdf?utm_source) revolves around the interpretation of the Copyright Act. He contends that the imposed "human authorship" requirement by the courts and the US Copyright Office does not align with the statutory language of the Act, thus neglecting a burgeoning realm of AI-generated innovations.
The [appellate opinion](https://media.cadc.uscourts.gov/opinions/docs/2025/03/23-5233.pdf?utm_source) echoed a long-standing judicial view that authorship is inherently a human activity. However, the increasing capabilities of AI in fields like art and literature raise significant questions about originality and creation, pushing the boundaries of traditional legal frameworks.
This case not only challenges existing legal interpretations but also highlights the broader debate on the nature of creativity and authorship in the age of advanced technology. Legal experts and commentators suggest that the outcome could potentially reshape the landscape of intellectual property law, setting a precedent for how works created by autonomous systems are treated under copyright statutes.
As the Supreme Court considers taking on this case, the decision could have far-reaching implications for artists, creators, and tech companies alike, defining the scope of copyright protection in an increasingly digital and automated world. The court's ruling could ultimately decide if AI-generated content deserves the same legal protections traditionally reserved for human-created works.