A federal appeals court has unanimously ruled that AI-generated works cannot receive copyright protection in the United States if created without human involvement. The ruling stems from a case involving computer scientist Dr. Stephen Thaler and his AI system "Creativity Machine."

The case centered on an image titled "A Recent Entrance to Paradise," generated entirely by Thaler's AI. The US Copyright Office rejected his copyright application because the work lacked human authorship, a fundamental requirement under the Copyright Act of 1976.

Circuit Judge Patricia A. Millett emphasized that copyright-eligible work must be authorized by a human being. While the Copyright Office allows registration of works where humans use AI as a tool, Thaler's case was unique because he listed the AI as the sole author.

Key points from the ruling:

• Works must have human authorship to qualify for copyright protection
• AI can be used as a tool in creating copyrightable works
• Policy changes regarding AI authorship must come from Congress, not courts
• The ruling aligns with previous cases, including the famous "monkey selfie" precedent

The National Press Photographers Association's Deputy General Counsel, Alicia Calzada, supported the decision, noting its consistency with decades of copyright law and similar court rulings requiring human creation for copyright protection.

This ruling sets a significant precedent for the future of AI-generated content and reinforces the human-centric nature of current copyright law in the United States.

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