The DC Circuit’s AI Copyright Ruling and Its Impact on eCommerce Content: Thaler v. Perlmutter

Dr. Stephen Thaler, an AI researcher, sought to register a copyright for an image created by his AI system, the “Creativity Machine.” The U.S. Copyright Office rejected the application, stating that copyright requires human authorship. Thaler appealed to the U.S. District Court and later the D.C. Circuit Court of Appeals. In March 2025, the court unanimously upheld the Copyright Office’s position: only humans can be authors under U.S. copyright law.

In that ruling, Judge Patricia Millett explained that, although the Copyright Act does not define “author,” courts have consistently interpreted it to mean a human. Legislative history, including the 1976 Copyright Act, reinforced this view. The court also rejected Thaler’s argument that he should qualify as the author under the work-made-for-hire doctrine, clarifying that such works must still originate from human creators.

Copyright Law and Human Authorship

U.S. copyright law protects only works with human creativity. Machines, regardless of sophistication, do not qualify. Fully AI-generated content without meaningful human contribution cannot receive copyright protection, leaving it unprotected under the law.

Why This Matters for eCommerce Brands

AI tools are widely used to create product listings, ad copy and graphics, blog content, and, customer service responses.  However, AI-only content lacks copyright protection. Competitors can legally copy it, and brands risk infringement claims if AI-generated content unintentionally resembles protected works. Human input is necessary to claim ownership and safeguard brand assets.

Best Practices for eCommerce Teams

To protect content brands should:

• Use AI as a tool, not the sole creator
• Ensure humans contribute creatively and review AI outputs
• Document who contributed, which prompts were used, and how human input shaped the final content.
• Maintain clear records supports future copyright claims.

Conclusion

The Thaler v. Perlmutter ruling confirms that AI cannot be an author. For eCommerce brands, this has direct consequences. Click HERE for more information about Derek Fahey, Esq.