authorship AI

Content generated entirely using artificial intelligence and with no human control over the expression generated cannot be protected by copyright. In short, an author must be a human being. This unsurprising conclusion was confirmed again by a U.S. Circuit Court of Appeals in Thaler v Permultter No. 23-5233 (D.C. Cir. March 18, 2025). In reaching its conclusion, the court acknowledged that content created using AI systems may be protected by copyright, but did not address where the line should be drawn as to what level of human authorship must exist for a work to be protected or the scope of protection to be given to a work created with the aid of an AI system.…