Faegre Drinker Biddle & Reath LLP, a Delaware limited liability partnership | This website contains attorney advertising.
May 28, 2026

Can AI Prompting Satisfy the Copyright Office’s Human Authorship Requirement?

TCAM Today blog

After the Supreme Court declined to hear the case Thaler v. Perlmutter, it appears settled that AI “cannot be the recognized author of a copyrighted work.” But to what extent can a human obtain copyright protection for a work they generated using AI? Allen v. Perlmutter, a case pending in the District of Colorado, may provide guidance.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.