Supreme Court Declines to Hear AI Copyright Case

On March 2, 2026, the U.S. Supreme Court declined to hear a significant case regarding the copyright eligibility of art generated by artificial intelligence. The case involved Stephen Thaler, a computer scientist from St. Charles, Missouri, who sought copyright protection for a visual artwork titled "A Recent Entrance to Paradise," created by his AI system named DABUS. The Supreme Court's refusal to take up the case followed lower court rulings that upheld the U.S. Copyright Office's decision, which stated that works created by AI lack the necessary human authorship required for copyright eligibility.

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Thaler's application for federal copyright registration was initially submitted in 2018. The Copyright Office rejected it in 2022, asserting that the Copyright Act mandates human authorship for creative works. This position was reinforced by a federal judge in Washington, who described human authorship as a "bedrock requirement of copyright." The U.S. Court of Appeals for the District of Columbia Circuit affirmed this ruling in 2025.

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Thaler's legal team argued that the case holds "paramount importance" in light of the rapid advancements in generative AI technologies. They expressed concern that the Supreme Court's refusal to hear the appeal could have lasting negative effects on AI development and its integration into creative industries. They warned that the Copyright Office's current stance could hinder innovation during critical years for AI applications in art and other creative fields.

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The Trump administration had previously urged the Supreme Court not to consider Thaler's appeal, emphasizing that the Copyright Act does not define "author" in a way that includes machines. This perspective aligns with the Copyright Office's broader rejection of copyright claims from artists who sought protection for images generated with AI assistance, such as those created using the AI system Midjourney.

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Critics of the current copyright framework argue that the exclusion of AI-generated works from copyright protection may stifle creativity and innovation in the burgeoning field of generative AI. They contend that as AI systems become more sophisticated, the legal definitions surrounding authorship and copyright should evolve to reflect these changes. Thaler's case highlights the tension between traditional copyright laws and the realities of modern technology.

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While the Supreme Court's decision marks a significant moment in the ongoing debate over AI and copyright, it also raises questions about the future of intellectual property rights in the context of AI-generated content. The implications of this ruling may extend beyond art to other areas, such as patent eligibility for inventions created by AI, as evidenced by Thaler's previous patent applications, which were similarly rejected by the U.S. Patent and Trademark Office.

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• “With a refusal by the court to hear the appeal, Thaler's lawyers said, "even if it later overturns the Copyright Office's test in another case, it will be too late.” — Thaler's lawyers

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• “Although the Copyright Act does not define the term 'author,' multiple provisions of the act make clear that the term refers to a human rather than a machine,” — U.S. Administration Statement

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