In March 2026, the US Supreme Court refused to consider a case regarding the registration of copyright for an image created by the DABUS artificial intelligence system. Lower courts have previously confirmed the position of the US Copyright Office: works created without human participation are not subject to copyright protection.
The applicant tried to prove that an artificial intelligence system can act as the author of a work, and the right belongs to the owner of this system. However, the courts emphasized that the current legislation provides for the mandatory presence of human authorship.
This decision effectively consolidates the approach that is already taking shape in other jurisdictions:
artificial intelligence can be a tool for creativity, but not an author.
What this means for business:
- content created entirely by AI cannot receive copyright protection;
- for protection, it is important to document human creative contribution;
- Companies should adopt a policy of using generative AI.
