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AI Art Copyright: Thaler v. Perlmutter and Human Authorship Requirement

AI Art Copyright: Thaler v. Perlmutter and Human Authorship Requirement

Thaler v. Perlmutter: purely AI-generated art has no US copyright. AI-assisted work with substantial human creative input may qualify. The boundary remains legally undefined.

The Thaler v. Perlmutter ruling established that purely AI-generated art cannot receive US copyright protection. US copyright law requires human authorship. Grey areas remain: - Granular, creative prompting may constitute sufficient human authorship - AI-assisted work where a human makes substantial creative decisions protects the human contribution - The line between "AI-generated" and "AI-assisted" is not yet clearly defined in case law Practical implication: Work created with AI tools can be copyrightable if human creative input is substantial, but fully autonomous AI output cannot.

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Law

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85%

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April 04, 2026

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