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Supreme Court Declines to Hear Case on Copyrighting AI-Generated Art
Lower court rulings against copyright for AI-created artwork will stand, dealing a blow to the creative industry.
Mar. 2, 2026 at 2:07pm
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The U.S. Supreme Court has declined to hear a case about whether artwork created with the help of artificial intelligence can be copyrighted. This means a lower court's decision rejecting the copyright request will stand, dealing a setback to efforts to protect AI-generated creative works.
Why it matters
The Supreme Court's refusal to take up the case solidifies the current legal stance that AI-generated art cannot be copyrighted, which could have significant implications for the growing creative industry around AI-powered art and content generation.
The details
In 2018, computer scientist Stephen Thaler applied for a copyright on an artwork called "A Recent Entrance to Paradise" that was generated by an AI system he created. However, the U.S. Copyright Office rejected the application, stating the work was not made by a human author. Thaler appealed the decision, but both a federal judge and the U.S. Court of Appeals ruled against him. With the Supreme Court declining to hear the case, Thaler's legal options have been exhausted, and the lower court rulings stand.
- In 2018, Thaler applied for the copyright on the AI-generated artwork.
- In 2022, the U.S. Copyright Office rejected Thaler's copyright application.
- Thaler appealed the decision, but lost in federal court and at the U.S. Court of Appeals.
- On March 2, 2026, the U.S. Supreme Court declined to hear Thaler's case.
The players
Stephen Thaler
A computer scientist who created an AI system that generated an artwork he attempted to copyright.
U.S. Copyright Office
The government agency that rejected Thaler's copyright application for the AI-generated artwork.
What they’re saying
“even if it later overturns the Copyright Office's test in another case, it will be too late”
— Thaler's lawyers
The takeaway
The Supreme Court's decision solidifies the current legal stance that AI-generated art cannot be copyrighted, which could have significant implications for the growing creative industry around AI-powered art and content generation, as creators may struggle to protect their work.
