A computer scientist, Stephen Thaler, has petitioned the U.S. Supreme Court to overturn a decision by the U.S. Copyright Office that denied copyright protection to a piece of art created by his AI system, DABUS. Thaler contends that this decision undermines innovation and creativity involving AI, creating a deterrent effect for others exploring AI-driven art. His legal team argues that AI-generated works should be eligible for copyright under current U.S. law. Thaler originally applied for copyright in 2018 for an artwork titled “A Recent Entrance to Paradise,” but the application was rejected in 2022 on the grounds that copyright requires human authorship. This decision was upheld by both a federal district court and the D.C. Circuit Court. Thaler emphasized the urgency of the Supreme Court’s review given the rapid rise of generative AI technologies and warned of long-lasting negative impacts on the creative industry if the precedent stands. This case, Thaler v. Perlmutter, follows a separate rejection by the Supreme Court of Thaler’s attempt to secure patents for AI-generated inventions. ([reuters.com](https://www.reuters.com/legal/government/us-supreme-court-asked-hear-dispute-over-copyrights-ai-creations-2025-10-10/?utm_source=openai))
The D.C. Circuit Court’s ruling in March 2025 affirmed that the Copyright Act requires human authorship for a work to be eligible for copyright protection. The court noted that the term “author” within the Act refers exclusively to human beings, emphasizing that attributes such as nationality, domicile, and the ability to own property are inherently human characteristics. ([foleyhoag.com](https://www.foleyhoag.com/news-and-insights/publications/alerts-and-updates/2025/march/dc-circuit-holds-that-ai-generated-artwork-is-ineligible-for-copyright-protection/?utm_source=openai))
This appeal comes amid a series of legal challenges concerning the intersection of AI and intellectual property rights. In February 2025, a federal judge in Delaware ruled against Ross Intelligence, stating that the company was not permitted to copy Thomson Reuters’ content to create a competing AI-based legal platform. This marked the first U.S. ruling on fair use in AI-related copyright litigation. ([reuters.com](https://www.reuters.com/legal/thomson-reuters-wins-ai-copyright-fair-use-ruling-against-one-time-competitor-2025-02-11/?utm_source=openai))
Additionally, in October 2025, Apple faced a lawsuit alleging the unauthorized use of copyrighted books to train its AI model, Apple Intelligence. Neuroscientists Susana Martinez-Conde and Stephen Macknik claimed that Apple accessed illegal “shadow libraries” containing thousands of copyrighted works, including their own publications. ([reuters.com](https://www.reuters.com/sustainability/boards-policy-regulation/apple-sued-over-use-copyrighted-books-train-apple-intelligence-2025-10-10/?utm_source=openai))
The outcome of Thaler’s appeal could have significant implications for the future of AI-generated content and its protection under U.S. copyright law. As AI technologies continue to evolve, the legal system faces the challenge of adapting existing intellectual property frameworks to address the complexities introduced by non-human creators.