Artwork Created by Artificial Intelligence (AI) Not Eligible for Copyright

The image, entitled "A Recent Entrance to Paradise," represents a "simulated near-death experience" in which an algorithm reprocesses pictures to create hallucinatory images in creating a fictional narrative about the afterlife. In doing so, the Board accepted Thaler's representation that the image was autonomously created by artificial intelligence without any creative contribution from a human. Thaler did not seek to be named the registered author. Thus, the primary issue before the Board was Thaler's assertion that the human authorship requirement is unconstitutional and unsupported by case law. With advances in artificial intelligence accelerating at an exponential rate, there is no doubt this question will be raised again.