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Stephen Thaler v. Shira Perlmutter, Register of Copyrights and Director of the United States Copyright Office, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-5233 · judgment March 18, 2025


Certiorari denied · March 2, 2026
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

  1. Whether works outputted by an AI system without a direct, traditional authorial contribution by a natural person can be copyrighted.

Counsel of record

For petitioner
Ryan Benjamin Abbott
Brown, Neri, Smith and Khan, LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Linked docket
25A82

Proceedings

  1. Mar 08 2026
  2. Mar 02 2026
    Petition DENIED.
  3. Feb 11 2026
    DISTRIBUTED for Conference of 2/27/2026.
  4. Feb 09 2026
    Reply of petitioner Stephen Thaler filed. (Distributed)
  5. Jan 26 2026
    Amicus brief of Lea Bishop not accepted for filing. (February 6, 2026)
  6. Jan 23 2026
    Brief of Federal Respondents in opposition filed.
  7. Dec 19 2025
    Motion to extend the time to file a response is granted and the time is extended to and including January 26, 2026.
  8. Dec 18 2025
    Motion to extend the time to file a response from December 26, 2025 to January 26, 2026, submitted to The Clerk.
  9. Nov 26 2025
    Response Requested. (Due December 26, 2025)
  10. Nov 25 2025
    DISTRIBUTED for Conference of 12/12/2025.
  11. Nov 12 2025
    Brief amici curiae of Phyllis Schlafly Eagles, et al. filed.
  12. Oct 31 2025
    Amicus brief of Professor Shlomit Yanisky-Ravid, et al. not accepted for filing. (To be corrected - November 5, 2025)
  13. Oct 31 2025
    Brief amici curiae of Professor Shlomit Yanisky-Ravid, et al. filed. (Corrected)
  14. Oct 31 2025
    Letter from counsel for petitioner received.
  15. Oct 28 2025
    Waiver of right of respondent Federal Respondents to respond filed.
  16. Oct 09 2025
    Petition for a writ of certiorari filed. (Response due November 13, 2025)
  17. Jul 23 2025
    Application (25A82) granted by The Chief Justice extending the time to file until October 9, 2025.
  18. Jul 17 2025
    Application (25A82) to extend the time to file a petition for a writ of certiorari from August 10, 2025 to October 9, 2025, submitted to The Chief Justice.