In a landmark decision on August 18, 2023, US District Judge Beryl A. Howell ruled that artwork generated solely by artificial intelligence (AI) cannot be copyrighted. The ruling was made in response to a lawsuit against the US Copyright Office, which had previously denied a copyright request by Stephen Thaler for an image produced using his Creativity Machine algorithm.
The ruling made by Judge Howell stressed the fundamental premise of copyright law by noting that it has “never been granted to work that was ‘absent any guiding human hand'” and that “human authorship is a bedrock requirement of copyright.” Both of these statements were made in reference to the fact that copyright has “never been granted to work that was ‘absent any guiding human hand.'” Even if technological advancements are constantly being made, this viewpoint is consistent with the position taken by the United States Copyright Office, which maintains that the…