On August 18, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the Copyright Office in Thaler v. Perlmutter, 1 holding that the office did not act arbitrarily or capriciously or otherwise violate the Administrative Procedure Act (APA) when it rejected a copyright application for a work generated autonomously by a computer algorithm without human input. The decision is consistent with March 2023 guidance from the Copyright Office2 that artificial intelligence (AI)-generated works cannot be copyrighted where AI technology, and not a human, determines the expressive elements of the output.
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