AI and Copyright Law: What Creators Need to Know

A March 18, 2025 court ruling has provided important clarity on the growing conversation about artificial intelligence and copyright law. In Thaler v. Perlmutter, the D.C. Circuit Court addressed a question that’s becoming increasingly relevant for content creators: Can a work created solely by an AI system qualify for copyright protection?

The Case Stephen Thaler attempted to register a copyright for a work generated entirely by an AI system that he had developed. Thaler claimed ownership of the work by virtue of his control over the AI. The U.S. Copyright Office rejected the application, citing longstanding copyright principles that require human authorship.

Thaler challenged this decision in court, arguing that the Copyright Office’s stance violated the Administrative Procedure Act. However, the court upheld the Copyright Office’s decision, affirming that U.S. copyright law only protects works with meaningful human creative input.

Read the Court's Opinion

Key Takeaways for Creators

  • AI-generated works that lack significant human authorship are not eligible for copyright protection.
  • If you use AI tools in your creative process, it’s essential to ensure your own creative contributions are substantial and clearly identifiable to secure copyright protection.
  • Ownership of the AI system itself does not automatically translate to ownership of the content it produces.

Why This Matters For podcasters, YouTubers, and other content creators increasingly turning to AI tools for editing, writing, or design, this ruling reinforces the importance of maintaining a human touch in your creative work. While AI can be a powerful tool, your role as the creative mind behind your content remains vital to securing your intellectual property rights.

Have questions about protecting your creative work in the digital age? Reach out, and let’s chat about how you can safeguard your content and build your brand with confidence.

Entertainment Law Update Participates in #Podcasthon – Celebrating Musicares.org

Listen to the audio podcast version: https://entertainmentlawupdate.com/178

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In this month's special episode of Entertainment Law Update, Co-host Tamera Bennett and I proudly participate in #Podcasthon to spotlight MusiCares, an organization dedicated to supporting music professionals in times of need. Our special guest, Theresa Wolters, Vice President of Health and Human Services at MusiCares, shares insights on how the organization provides essential services for musicians facing financial hardship, mental health struggles, and disaster recovery. We also explore recent legal developments, including Sony’s victory in the ‘Ultra’ trademark dispute, Disney’s win in the Moana copyright case, the Portland Pickles' trademark clash with Disney, the FCC’s investigation into iHeartMedia for alleged payola violations, and the ongoing turmoil surrounding BOI reporting under the Corporate Transparency Act. Listen now to stay informed on these key legal issues impacting creators and the entertainment industry. Learn more about MusiCares at https://MusiCares.org.

Spring Cleaning for Your Creative Business: A Legal Checklist

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Spring is here! As the flowers bloom and the air freshens, it's not just your home that could use a little tidying up — your creative business could benefit from some spring cleaning too.

Whether you're a filmmaker, podcaster, theatre professional, or digital entrepreneur, staying on top of your legal affairs is essential to maintaining protection and ensuring smooth operations. Here’s a handy checklist of key legal maintenance tasks to tackle this season.

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5 Essential Contracts Every Creative-Driven Business Must Have

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Actor’s Test Option Contracts: A Key Tool in Casting for Film, Television, and Theatre

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Understanding the Private Placement Memorandum (PPM) for Film and Theatre Financing

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