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DC Circuit Weighs in On Human Authorship
Wednesday, April 2, 2025

The DC Circuit has reaffirmed and reinforced longstanding Copyright Office policy that only humans can be authors. While this ruling, based on arguments that the AI algorithm DABUS acted autonomously to generate a visual image, is not a surprise in view of other recent rulings, it reinforces the importance of human creativity to copyright protection, as we discussed in last summer's white paper: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4892973

Can a non-human machine be an author under the Copyright Act of 1976?
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