AI Copyright Debate Reaches Supreme Court as Academics Advocate for AI-Generated Works Protection

Washington D.C. – A coalition of legal scholars and researchers has filed an amicus curiae brief with the U.S. Supreme Court in the landmark case Thaler v. Perlmutter, urging the Court to recognize copyright protection for works generated by artificial intelligence (AI). The brief, filed on October 31, 2025, argues that "excluding AI-generated works from copyright protection threatens the foundations of American creativity, innovation, and economic growth."

The case centers on computer scientist Dr. Stephen Thaler's attempt to copyright an artwork created by his AI system, the "Creativity Machine," which was denied by the U.S. Copyright Office due to a lack of human authorship. The amicus brief, represented by Marshall, Gerstein & Borun LLP, contends that the Copyright Office's interpretation is overly restrictive and inconsistent with the constitutional purpose of copyright law. It highlights the economic stakes, citing U.S. Chamber of Commerce data that core copyright industries contributed $3.37 trillion to the U.S. GDP in 2023.

The academics, including Professors Shlomit Yanisky-Ravid and Lawrence Lessig, suggest that the Court should adapt copyright law to new technologies, much as it did for photography and software. They propose that the "work-made-for-hire" doctrine could provide a framework for assigning authorship and accountability for AI-generated works, similar to how corporations are treated as authors. This approach, they argue, would align U.S. copyright law with evolving international norms.

The brief also warns that the current stance creates legal uncertainty, disincentivizes innovation, and could lead to the U.S. losing its competitive edge in AI-driven creative industries. It points out that other jurisdictions, such as the UK, Ireland, and China, have either recognized or are actively exploring copyright protection for AI-generated works. The Supreme Court's decision is anticipated to significantly impact the future of AI and intellectual property in the United States.