The U.S. Supreme Court has chosen not to review a case related to the copyrightability of art generated by AI under U.S. law, as discussions over digital creation continue. On Monday, the court turned down an appeal from artist Stephen Thaler, who was refused copyright for digital artwork produced using personal AI software. Thaler’s 2018 copyright request was dismissed by the U.S. Copyright Office in 2022, which indicated that the artwork was not eligible for copyright because it was not created by a human.

This ruling occurred prior to a 2025 report from the U.S. Copyright Office, which clarified that “unedited outputs of generative AI tools” do not meet the criteria for protection. The report mentioned that AI-assisted art embodying “human creativity” could qualify, but not aspects solely dictated by a machine. The question of copyright for art generated by AI and art assisted by AI continues to be a heated topic. The office has previously rejected copyright claims for art produced with AI assistance, despite claims that such artwork should fall under the 2025 interpretation of U.S. copyright law.

Thaler has also approached the Supreme Court concerning rejected applications from the U.S. Patent and Trademark Office, seeking a ruling on the patent eligibility of inventions generated by AI. The Trump administration had urged the court to refuse to hear Thaler’s copyright case, as reported by CNBC. Thaler’s attorneys voiced their discontent, asserting that even if the court eventually overrules the Copyright Office’s framework, it will be too late, as the office will have adversely affected AI development within the creative sector during vital years.