Bloomberg Law Only Humans Can Copyright Works
Mar 28, 2025
Terence Ross, an intellectual property litigator at Katten Muchin, and Harold Krent, a constitutional law professor at Chicago-Kent, dive into the intriguing world of copyrights. They discuss a landmark ruling affirming that only humans can hold copyright, raising questions about AI-generated works. The conversation also touches on the Supreme Court's debates regarding the FCC's universal service fund and its implications for low-income communities. With humor and insight, they navigate the evolving intersection of technology and law.
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AI Art Copyright Denied
- Computer scientist Dr. Stephen Thaler created a generative AI he called the "Creativity Machine".
- The AI produced a piece of art, which Dr. Thaler tried to copyright, but the Copyright Office refused.
Copyright Office Rules
- The Copyright Office's denial is consistent with their long-standing rule that only humans can own copyrights.
- Dr. Thaler's appeal of this decision was also denied by both the District Court and the D.C. Circuit Court.
Machines vs. Authors
- The D.C. Circuit Court's decision emphasized the Copyright Act's distinction between machines and authors.
- Their textual analysis highlighted that machines don't possess qualities like lifetimes, heirs, or nationality, which are relevant to copyright law.