Will AI-generated art be explicitly excluded from copyright protection by US courts?

The US Copyright Office has already rejected registration for purely AI-generated works, and the Thaler v. Perlmutter district court ruling upheld the requirement for human authorship. Multiple cases working through the federal courts are likely to reach the appellate level within the timeframe. However, courts may draw nuanced distinctions between purely AI-generated and AI-assisted works, potentially avoiding a blanket exclusion.

Last updated: Mar 2, 2026

Resolves YES if a US Circuit Court of Appeals or the Supreme Court issues a published opinion holding that artwork generated solely by AI without meaningful human creative input is ineligible for copyright protection before December 31, 2028. District court rulings alone do not count.

Source: US Courts PACER system and published appellate opinions

Expected resolution: February 1, 2029