As artificial intelligence rapidly reshapes the creative industries, filmmakers and content creators are increasingly relying on AI tools to generate scripts, music, visual assets, and more. 
But a landmark case—Thaler v. Perlmutter—is challenging the very foundation of copyright law as it applies to AI-generated works.
This case raises one pivotal question: Can an AI-generated work be protected under U.S. copyright law, and if so, who owns the rights?
Let’s unpack the case and explore the legal and creative implications for indie filmmakers, production companies, and digital content creators.
Case Summary: Thaler v. Perlmutter
At the heart of the case is Dr. Stephen Thaler, the creator of an AI system known as the Creativity Machine. Thaler submitted a copyright application in 2019 for a piece of visual art autonomously created by his AI, naming the AI itself as the author.
The U.S. Copyright Office denied the request, stating that current copyright law only grants protection to works created by human authors. Thaler filed a legal challenge, arguing that the concept of authorship should evolve with technology and that he, as the AI’s creator and operator, should be recognized as the rights holder.
Thaler also claimed the denial violated the Administrative Procedure Act, further pushing for the recognition of non-human authorship under copyright protections.
Court Rulings and Legal Position
The court maintained a firm stance: Copyright law protects human creativity.
- Judges ruled that copyright must stem from “the fruits of intellectual labor” by a natural person.
- Extending authorship to machines would conflict with decades of legal precedent in intellectual property law.
- The court reinforced the idea that AI cannot be listed as an author, no matter how “autonomous” or “creative” the machine may appear to be.
This ruling sets a precedent that carries weight far beyond a single legal battle—it affects how copyright applies to AI-assisted content creation across film, television, publishing, and music.
Implications for Filmmakers and Content Creators
If you’re a filmmaker or digital storyteller using AI for pre-production, post-production, or artistic creation, here’s what you need to know:
- Copyright Protection Requires a Human Author
Under current U.S. copyright law, only a human author can claim legal protection. If an AI system writes a screenplay or creates concept art, you need to demonstrate human creative input to secure your rights.
Pro Tip: Always include a human creative signature—editing, modifying, directing, or co-creating AI-generated elements.
- Clarify Ownership and Rights with AI Tools
Many AI platforms have vague or restrictive terms when it comes to content ownership.
- Read user agreements and licensing terms.
- If you’re working with a third-party AI service, clarify:
- Who owns the outputs?
- Can the work be used commercially?
- Is there shared authorship or licensing?
Legal agreements may be necessary to establish clear ownership—especially for distributed or monetized content.
- Track Legal Precedents Like Thaler v. Perlmutter
This case isn’t over—and neither is the broader legal discussion.
- Future legislation may evolve to define AI collaboration thresholds.
- Creators who stay informed will be better prepared to defend their rights and comply with new copyright rules.
Bookmark this case: It’s likely to shape future amendments to intellectual property laws.
- Use AI as a Creative Partner—Not a Solo Creator
Think of AI as a creative assistant, not the sole originator. This maintains legal clarity and ensures you can claim authorship.
- Use AI to generate concepts, then refine them manually.
- Inject your voice, vision, and decision-making into the final work.
This balance between automation and artistry is the safest path to retaining copyright ownership under current laws.
- Prepare for an Evolving Legal Landscape
As technology advances, so will copyright law. Forward-thinking creators should:
- Consult with an entertainment lawyer before using AI-generated content commercially.
- Stay updated on copyright reform efforts in the U.S. and internationally.
- Develop internal policies for using AI tools in creative workflows.
✅ Conclusion: Human Creativity Still Reigns (For Now)
The Thaler v. Perlmutter case offers a cautionary tale and a roadmap for the future. While AI can enhance creativity, legal protection still depends on human authorship.
For filmmakers, producers, and content creators integrating AI into their craft, the safest strategy is to remain legally informed and creatively involved.
Embrace AI, but don’t let it replace you as the author. The law still sees you as the visionary—and the rights holder.
For guidance on the creator agreements and documents you will need to protect yourself and monetize your content contact Showbiz Consultants or educate yourself at ShowbizWise.