The U.S. Court of Appeals for the D.C. Circuit ruled in Thaler v. Perlmutter that copyright applicants must be human, affirming previous findings by the Copyright Office. Judge Patricia Ann Millett noted that although the Copyright Act does not define 'author,' its provisions imply that authorship requires human creators. The case arose from Dr. Stephen Thaler's attempt to claim copyright for an AI-generated image, highlighting the challenges posed by AI advancements to traditional copyright frameworks. The appellate decision emphasizes the critical role of human authorship in copyright eligibility.
"The Copyright Act's text, taken as a whole, is best read as making humanity a necessary condition for authorship."
"Authors are at the center of the Copyright Act," Judge Millett wrote, adding that... an 'author' must be human.
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