The nation's highest judicial authority has declined to revisit a lower court's finding that artwork created by artificial intelligence is ineligible for copyright protection.
As previously reported by Reuters, the U.S. Supreme Court has opted not to hear a case concerning the copyright eligibility of AI-generated art. This decision, rendered on Monday, stems from an appeal filed by Stephen Thaler, a Missouri-based computer scientist, challenging a court's ruling that affirmed the uncopyrightable nature of AI-created works.
In 2019, the U.S. Copyright Office initially rejected Thaler's attempt to secure copyright for an image titled "A Recent Entrance to Paradise," which he claimed was created by an algorithm he developed. Following a review of its decision in 2022, the Copyright Office reiterated that the image lacked "human authorship," a fundamental requirement for copyright protection.
Subsequent to Thaler's appeal, U.S. District Court Judge Beryl A. Howell issued a ruling in 2023, asserting that "human authorship is a bedrock requirement of copyright." This judgment was later affirmed in 2025 by a federal appeals court in Washington, D.C. According to Reuters, Thaler petitioned the Supreme Court for a review of this ruling in October 2025, contending that it would "create a chilling effect on anyone else considering using AI creatively."
Last year, the Copyright Office further solidified its stance by issuing new guidance explicitly stating that AI-generated artwork derived from text prompts is not eligible for copyright protection.
This Supreme Court decision aligns with several prior efforts by Thaler to both copyright and patent the creations of his AI systems. The U.S. federal circuit court had previously ruled that AI systems cannot patent inventions due to their non-human nature. The U.S. Patent Office reinforced this position in 2024 with updated guidance, clarifying that while AI systems cannot be listed as inventors on a patent, individuals are still permitted to utilize AI-powered tools in the development process. Notably, the UK Supreme Court reached a comparable conclusion in a related case also initiated by Thaler.
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