AI Art Appeal’s Procedural Flaws Put Broader Ruling in Doubt

An appeals court panel’s focus on procedural issues in a case involving efforts to copyright AI-generated work left attorneys concerned the judges may sidestep larger questions about how copyright law regards the emerging technology.

Computer scientist Stephen Thaler made his case for reversing a US Copyright Office and lower court rejection of his registration of an AI-generated image during oral argument Sept. 19 before the US Court of Appeals for the D.C. Circuit. But the panel appeared primed to find he’d waived the right to make one of his key arguments at the lower court.

Thaler initially argued in his ...