Courts ruled a fully AI-made work has no human author

The D.C. Circuit affirmed the Copyright Act requires a human author, leaving open how much AI a human-authored track may contain.

Historical event

March 18, 2025

First source published

August 18, 2023

Site publication

September 18, 2026

What happened

On 18 March 2025 the U.S. Court of Appeals for the D.C. Circuit decided Thaler v. Perlmutter, affirming a district court ruling from 18 August 2023 that had rejected a copyright application listing an AI system as sole author. Dr Stephen Thaler had submitted a work titled "A Recent Entrance to Paradise," produced by software he calls the Creativity Machine, and named the machine as author with himself as owner. The district court's opinion, by Judge Beryl Howell, had already framed the question narrowly: whether a work generated entirely by an artificial system, absent human involvement, is copyrightable.

What the documents say

The Circuit's opinion holds that "the Copyright Act of 1976 requires all eligible work to be authored in the first instance by a human being," and affirms the denial on that basis alone. It explicitly declines two further questions: whether the Constitution independently requires human authorship, and whether Dr Thaler could claim authorship himself by virtue of building and operating the machine, an argument the court found he had waived earlier in the proceedings. Both courts stress what the ruling does not decide. The appellate opinion states directly that "the human authorship requirement does not prohibit copyrighting work that was made by or with the assistance of artificial intelligence," and that "line-drawing disagreements over how much artificial intelligence contributed to a particular human author's work" were not before the court, because Dr Thaler had listed the machine as sole author rather than claiming his own contribution.

Why it matters for makers

No court in this record decided how much AI a human-authored song can contain and still be registrable; that line remains open. What is settled is the narrower point: a work with no human author at all cannot be registered, and naming a tool as author rather than yourself is not a viable registration strategy. For a producer using a generator as one instrument in a session, the ruling is reassuring by omission rather than by rule; the mechanism it forecloses is autonomous authorship, not assisted creation.

What to check before you use it

When registering a track that used a generator, list yourself, not the tool, as author, and be ready to describe your own creative contribution, since that is the fact pattern this ruling leaves open rather than resolves. This is editorial reading beyond the opinions themselves: the case sets no percentage or threshold test, so a maker should document decisions made rather than rely on an assumed bright line.

• Did I make the expressive choices in this recording, or did I only prompt and accept a system's output?
• Can I describe, if asked, what I personally selected, arranged or modified in the finished track?
• Am I listing myself as author on any registration, rather than a tool or company name?

The ruling closes off one narrow claim, authorship by a machine, while leaving the far more common case, a human working with a generator, exactly where the Copyright Office's own guidance already placed it: assessed by what the human actually contributed.

Sources & reading trail

The appellate opinion affirming that the Copyright Act requires human authorship and detailing what the court declined to decide.

Source published: 18 March 2025 · Retrieved: 16 September 2026

The district court's memorandum opinion framing the case as testing whether a work generated entirely by AI without human involvement is copyrightable.

Source published: 18 August 2023 · Retrieved: 16 September 2026

Papers, terms and official documents establish the record; the maker reading and the checks are Signal to Song editorial analysis. This retrospective draft does not imply the site published on the event date.

Continue reading

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Published September 18, 2026, not on the date of the event described.