On October 31, several professors and legal scholars submitted an amicus brief to the U.S. Supreme Court supporting Dr. Stephen Thaler’s petition in the case Thaler v. Perlmutter. They called on the Court to review the issue of whether works produced by artificial intelligence can be eligible for copyright protection.
“Excluding AI-generated works from copyright protection threatens the foundations of American creativity, innovation, and economic growth.”
— Professors’ SCOTUS Amicus Brief
The brief, joined by Professors Shlomit Yanisky-Ravid, Lawrence Lessig, and others, argued that lower court rulings requiring human authorship ignore the broader intent of the Copyright Act. The group emphasized that recognizing AI-generated works as copyrightable is essential to fostering innovation, protecting creators, and maintaining the integrity of the creative economy.
Dr. Stephen Thaler has long sought copyright protection for his AI-generated artwork titled A Recent Entrance to Paradise, created by his system known as the Creativity Machine. The U.S. Copyright Office denied registration on the grounds that the work lacked human authorship, prompting ongoing legal challenges.
Legal scholars urge the U.S. Supreme Court to consider AI-driven creativity under copyright law, arguing it’s key to sustaining growth and innovation.