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

DEREK FAHEY, ESQ.

Dr. Stephen Thaler sought to register a copyright for an image created by his AI system, the “Creativity Machine.” The U.S. Copyright Office rejected the application because copyright protection requires human authorship. Thaler appealed, and in March 2025 the D.C. Circuit unanimously upheld the Copyright Office’s position that only humans can qualify as authors under U.S. copyright law.

The court explained that, although the Copyright Act does not expressly define “author,” courts have consistently interpreted the term to mean a human creator. The court also rejected Thaler’s work-made-for-hire argument because works made for hire must still originate with human authors.

Copyright Law and Human Authorship

U.S. copyright law protects works that contain human creativity. A machine, regardless of its sophistication, cannot independently qualify as an author. Fully AI-generated content without meaningful human contribution therefore may not receive copyright protection.

Why This Matters For ECommerce Brands

Businesses increasingly use AI tools to create product listings, advertising copy, graphics, blog content, and customer-service materials. If that content is created entirely by AI, the business may be unable to claim copyright ownership. Competitors may be able to copy it, and the company may also face infringement risk if an AI output resembles a protected work.

Best Practices For ECommerce Teams

• Use AI as a tool rather than the sole creator.
• Require meaningful human creative contribution and review.
• Document who contributed to the final work.
• Keep records of prompts, revisions, and the human decisions that shaped the final content.

Conclusion

Thaler v. Perlmutter confirms that AI cannot independently be an author under current U.S. copyright law. For eCommerce brands, human involvement is critical to establishing ownership and protecting valuable content.