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American Focus > Blog > Culture and Arts > Forget About Getting Your AI Art Copyrighted
Culture and Arts

Forget About Getting Your AI Art Copyrighted

Last updated: March 6, 2026 8:15 pm
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Forget About Getting Your AI Art Copyrighted
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US Supreme Court Denies Copyright for AI-Generated Artwork

After a years-long legal battle, the US Supreme Court has declined to hear a case regarding copyright protection for AI-generated art, leaving computer scientist Stephen Thaler out in the cold.

Rhea Nayyar

“A Recent Entrance to Paradise” is the AI-generated image at the center of this legal battle. ( DABUS, Public domain, via Wikimedia Commons_

Computer scientist Stephen Thaler’s quest to secure copyright protection for an AI-generated artwork has hit a roadblock as the US Supreme Court has refused to review the case. Thaler has been trying since 2018 to copyright an image created by his AI system “Creativity Machine” titled “A Recent Entrance to Paradise” (2012).

The US Copyright Office had initially denied registration for the artwork in 2019, citing the lack of “human authorship.” Despite multiple appeals, including a lawsuit against the Register of Copyrights, all efforts were unsuccessful. Lower courts upheld the Copyright Office’s decision, emphasizing the requirement of human authorship for copyright eligibility.

Thaler’s last resort was to petition the Supreme Court, arguing that excluding AI-generated works from copyright protection could hinder creativity and innovation. However, the Court declined to hear the case, maintaining the current interpretation of copyright laws.

While the US Copyright Office has acknowledged the potential for AI-generated artworks to be eligible for copyright protection on a case-by-case basis, the Supreme Court’s decision highlights the gap between existing laws and rapidly advancing technology.

Despite this setback, Thaler remains optimistic, viewing the Court’s rejection as a milestone in the ongoing dialogue about the intersection of technology and intellectual property rights. He believes that the law needs to catch up with technological advancements to ensure fair treatment of AI-generated creations.

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