alt Hacker News > The US Copyright Office confirmed this in January 2025, and the Supreme Court declined to disturb it in March 2026 when it turned away the Thaler appeal. Works predominantly generated by AI without meaningful human authorship are not eligible for copyright protection, and that rule is now settled at the highest judicial level available.
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senaevren • today at 7:11 PM
Fair and correct. Cert denial means the Court declined to hear the case, not that it endorsed the lower court's reasoning or settled the question nationally. The DC Circuit ruling stands and the Copyright Office's position is consistent, but that is stable doctrine rather than Supreme Court-settled law. Updated the piece to reflect this distinction accurately.
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Also, I don't think there is any example testing the conclusion. There is no case to point at that any of the factors they listed are sufficient to convey authorship. Would love to be pointed to a case where rejecting decisions and redirecting to a different approach was deemed human authorship. What we do know is that you can disclaim the part of the code a human didn't author. In fact, the Copyright Office requires you disclose and disclaim. If anyone out there has more factual and citable sources please share.