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Case Review: Thaler v. Perlmutter (2023)

A Recent Entrance to Paradise, Creativity Machine (Source: opinion letter)
A Recent Entrance to Paradise, Creativity Machine (Source: opinion letter)

By Atreya Mathur

In August 2023, the U.S. District Court for the District of Columbia, under the jurisdiction of Judge Beryl A. Howell, rendered a decision in Thaler v. Perlmutter, addressing the refusal by the U.S. Copyright Office (USCO) to register an AI-generated visual work titled "A Recent Entrance to Paradise." Stephen Thaler, the plaintiff, asserted that the work was autonomously created by an AI algorithm known as the "Creativity Machine."[1]

Facts and Background of the Case

The dispute originated in August 2019 when the USCO rejected Thaler's copyright application,[2] citing the absence of human authorship—a decision upheld through internal appeals. Thaler subsequently filed a lawsuit under the Administrative Procedure Act,[3] challenging the USCO's actions as arbitrary and not in accordance with the law.

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Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.