The U.S. Supreme Court declined on Monday to take up the issue of whether art generated by artificial intelligence can be copyrighted under U.S. law, turning away a case involving a computer scientist from Missouri who was denied a copyright for a piece of visual art made by his AI system.
Plaintiff Stephen Thaler had appealed to the justices after lower courts upheld a U.S. Copyright Office decision that the AI-crafted visual art at issue in the case was ineligible for copyright protection because it did not have a human creator.
Thaler, of St. Charles, Missouri, applied for a federal copyright registration in 2018 covering “A Recent Entrance to Paradise,” visual art he said his AI technology “DABUS” created. The image shows train tracks entering a portal, surrounded by what appears to be green and purple plant imagery.
The Copyright Office rejected his application in 2022, finding that creative works must have human authors to be eligible to receive a copyright. U.S. President Donald Trump’s administration had urged the Supreme Court not to hear Thaler’s appeal.
A human can start off a process by their own design, but with the details implemented by phenomena not in their direct control, and still copyright the resulting work.
If I take a funnel full of paint and let it drip onto a canvas in a pattern caused by the movement of a pendulum, and incorporate random movement from wind on a windy day, how would you assign a “percentage” of human creation there? What about letting the hot desert sun melt some crayons into another canvas where I placed the crayons but didn’t control the drip pattern? What if I record some barking dogs but auto tune it into a melody? Or photograph the natural beauty of a wave crashing onto shore? These are all things that can be copyrighted, even if they’re inherently dependent on natural phenomena not in the artist’s control, because the process itself is initiated or captured or designed by a human author.