The claim

“Works generated entirely by AI cannot be copyrighted in the United States.”

Original caseByDiutoKoinovera teamPublished 6 Oct 2026
Supports

The report explains the human-authorship requirement and the limits of protection for AI-generated material, while allowing protection for sufficient human creative contributions.[1]

US law and current policy; not a global rule or blanket ban on AI-assisted works.

The court upheld refusal to register a work represented as autonomously computer-generated. Direct application of the human-authorship requirement.[2]

[2] Thaler v. Perlmutter — district court opinionGovernment Source

US District Court, District of Columbia

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Primary court document hosted by Justia; specific registration record, not every AI-assisted case.

The appellate court affirmed that eligible authors under the Copyright Act must be human. Strengthens the legal basis for the narrowed claim.[3]

[3] Thaler v. Perlmutter — appellate opinionGovernment Source

US Court of Appeals, DC Circuit · 1 Jan 2025

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Primary opinion hosted by FindLaw; same litigation as the district decision.

The Office kept copyright for the human-written text and arrangement of a comic but refused it for the images made with Midjourney. Shows where the line is drawn in a mixed work.[4]

An administrative decision on one work, not a court ruling.

UK law names an author for a "computer-generated" work with no human author. Shows the US position is not universal.[5]

UK law; rarely tested in court.

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