On Aug. 18, 2023, the U.S. District Court for the District of Columbia granted summary judgment for the United States Copyright Office (Copyright Office) in Thaler v. Perlmutter, 1:22-cv-1564 (D.D.C.), affirming the Copyright Office’s denial of copyright registration for artwork created by a generative artificial intelligence (generative AI) system.

The district court, in line with the Copyright Office’s determination, found that the generative AI-created artwork at issue did not satisfy the Copyright Act’s “human authorship” requirements.

The Copyright Act

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