Supreme Court refuses to challenge ruling that denied copyright for AI art
The nation’s highest court has decided not to hear a case on whether AI-generated art can be copyrighted under U.S. law, as the battle over digital creation continues.
The U.S. Supreme Court on Monday declined to hear an appeal involving an artist who was denied copyright to digital art created by personal AI software. Plaintiff Stephen Thaler filed a copyright application for a moving piece of digital art in 2018. The application was rejected by the U.S. Copyright Office in 2022. The office argued that the Missouri computer scientist’s art was not eligible for copyright protection because it was not created by a human.
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The ruling preceded a 2025 report from the U.S. Copyright Office that proposed a further interpretation of the law and eligibility for copyright protection, writing that “unedited outputs of generative AI tools” would not be eligible for protection. The report adds that art is facilitated by AI but “retains the centrality of art.” human creativity” could be eligible, but not expressive elements determined solely by a machine.
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Copyright over AI-generated and AI-assisted artwork remains an ongoing battle. The office has previously rejected copyright claims from artists who argue that certain forms of art created with the help of AI tools – rather than art generated independently by AI software – should fall under the 2025 interpretation of US copyright law.
Thaler also appealed to the Supreme Court over applications rejected by the U.S. Patent and Trademark Office, urging the court to decide whether or not AI-generated inventions are eligible for U.S. patent protection. The Trump administration had pressured the court to refuse to hear Thaler’s copyright case, CNBC reports.
Thaler’s lawyers expressed disappointment with the court’s decision not to take up the case. “Even if it later overturns the Copyright Office’s test in another case, it will be too late. The Copyright Office will have had an irreversible and negative impact on the development and use of AI in the creative industry for years of crucial importance.”
