In a pivotal ruling on March 18, 2025, the U.S. Court of Appeals for the District of Columbia Circuit unanimously determined that images created solely by artificial intelligence (AI) without any human contribution cannot be copyrighted under U.S. law. This decision reinforces the long-standing principle that copyright protection is reserved for works created by human authors.
The case revolved around Stephen Thaler, a computer scientist who sought copyright protection for an artwork titled A Recent Entrance to Paradise, which was generated by his AI system, the "Creativity Machine." Thaler applied for copyright registration in 2018, naming the AI as the creator and himself as the owner.
However, the U.S. Copyright Office rejected his request, citing the requirement for human authorship in copyright law. Thaler challenged the ruling, but both the U.S. District Court and the Court of Appeals upheld the Copyright Office’s decision.
In its ruling, the appellate court reaffirmed that U.S. copyright law mandates human authorship. The court highlighted that multiple provisions of the Copyright Act presuppose a human creator, further solidifying the requirement that only works with human involvement can qualify for copyright registration.
Impact on AI-Generated Content
This decision carries major implications for the rapidly expanding field of generative AI, where software can produce art, music, and literature with little to no human input. By denying copyright protection for purely AI-generated works, the ruling may influence how artists, businesses, and developers integrate AI into creative projects.
Without legal ownership rights, AI-generated content may become more difficult to commercialise or protect from unauthorised use – i.e. can anyone use other peoples content that was created by AI? The answer is seemingly... yes!
Who needs photographers and models for fashion shoots anyway?
While the recent court case didn’t directly address AI-generated content in advertising, we’ve already seen fully AI-generated ad campaigns, such as the Adidas Floral clip. As AI copyright laws continue to evolve, the advertising industry – already known for blending realism and fantasy – is likely to embrace AI-generated imagery, particularly in fashion shoots, where aspirational branding thrives on artistic imagination.
This could result in fewer opportunities for fashion photographers, while non-celebrity models may also be replaced by AI-generated figures – allowing brands to cut costs on photoshoots and usage rights.
However, for photographers specialising in portraits, documentary, sport, and event coverage – AI is unlikely to replace the human touch essential to these fields (especially as they are all timely 'reality-based' images), ensuring job security – despite the rise of AI imagery.
What are the AI copyright laws in Australia?
AI image by Tim Levy.
Australia’s copyright laws, primarily outlined in the Copyright Act 1968 (Cth), have traditionally required human authorship for a work to be eligible for protection. As a result, content created entirely by artificial intelligence (AI) without direct human involvement may not currently qualify for copyright protection under existing legislation.
However, the conversation around AI and copyright in Australia continues to evolve. In 2023, debates intensified as legal experts, artists, and industry stakeholders grappled with the implications of AI-generated works. Many questions remain about how current laws apply to the training and operation of AI models, particularly regarding ownership and intellectual property rights.
One of the key concerns is the use of copyrighted material in AI training datasets. Some artists and content creators argue that AI programs are exploiting their work without permission, fuelling discussions about potential copyright infringement and the ethical boundaries of AI-generated content.
As AI technology advances, the legal framework surrounding its role in creative industries is expected to remain a topic of significant discussion. Policymakers may need to consider legislative updates to address the growing impact of AI on intellectual property rights and ensure a fair balance between innovation and creator protections.