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.