A federal judge on Friday upheld a finding from the U.S. Copyright Office that a piece of art created by AI is not open to protection.

"In March, the copyright office affirmed that most works generated by AI aren’t copyrightable but clarified that AI-assisted materials qualify for protection in certain instances. An application for a work created with the help of AI can support a copyright claim if a human “selected or arranged” it in a “sufficiently creative way that the resulting work constitutes an original work of authorship,” it said."

Thaler was appealing this, and his appeal was denied.