Human Authorship Requirement for AI-Generated Works

by Dennis Crouch

Computer scientist Dr. Stephen Thaler has petitioned the Supreme Court to resolve whether artificial intelligence systems can generate copyrightable works without traditional human authorship. In Thaler v. Perlmutter, No. 25-___ (petition filed Oct. 9, 2025), Thaler seeks review of the D.C. Circuit's March 2025 decision affirming the Copyright Office's denial of registration for a visual artwork titled "A Recent Entrance to Paradise," which was autonomously created by Thaler's AI system known as the "Creativity Machine." Thaler v. Perlmutter, 130 F.4th 1039 (D.C. Cir. 2025). The petition asks:

Whether works outputted by an AI system without a direct, traditional authorial contribution by a natural person can be copyrighted.

Thaler-v-Perlmutter-Petition.


To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.