US Supreme Court Petition Could Redefine Copyright Law for AI-Generated Works
A groundbreaking legal challenge is making its way to the US Supreme Court, and it could reshape how businesses protect AI-generated content.
Stephen Thaler, a computer scientist and AI innovator, petitioned the Court to reconsider whether works created entirely by artificial intelligence can be copyrighted. His AI system, the “Creativity Machine,” autonomously produced an artwork that was denied copyright protection by the US Copyright Office and upheld by lower courts. Why? Because it lacked a human author.
Thaler’s argument is bold: the Copyright Act doesn’t explicitly require human authorship, and excluding AI-generated works leaves a growing category of innovation unprotected.
Why This Matters to You
If the Supreme Court takes up the case and sides with Thaler, it could open the door to copyright protection for AI-generated art, music, writing, and more. That would be a game-changer for:
- Companies using generative AI in product development, marketing, and design.
- Content creators and developers relying on AI tools.
- Legal and compliance teams managing IP portfolios.
- Investors and innovators in the AI space.
For now, the law still requires a human touch. But this case could be the tipping point.
What You Can Do
- Review your IP strategy: Are your AI-generated assets protected?
- Explore alternative safeguards: Contracts, trade secrets, and licensing may offer interim solutions.
- Stay informed: We will keep you updated as this case develops.
For more information or to discuss how this may affect your business, you can contact our Intellectual Property Team or the authors of this Client Alert.
Maya Smith
313.983.7495
smithmaya@butzel.com
Claudia Rast
734.213.3431
rast@butzel.com
Jennifer Dukarski
734.213.3427
dukarski@butzel.com
Erin Malone
313.225.7063
malone@butzel.com
