AI Art Copyright Remains Doubtful After Appeals Court Argument
The first federal appeals court battle over the boundaries of copyright law’s application to AI-generated works carries huge implications for creative industries given the rapid proliferation of the technology. The circumstances upon which copyright vests in work wholly or partly created by AI and who gets to control and enforce that right will hinge on interpretations of cases like Thaler’s.
Circuit Court Judge Millet: “I’m getting profoundly confused by what your theory is here ...courts have uniformly declined to recognize copyright in works created absent any human involvement, citing cases where copyright protection was denied for celestial beings, a cultivated garden, and a monkey who took a selfie."

