Intellectual Property Case Tracker

Generative AI, Human Inputs, and Copyright Protection: Allen v. Perlmutter

District of Colorado considering use of generative artificial intelligence tools in conjunction with human inputs as registerable for copyright protection.

Jason Allen used the generative artificial intelligence tool Midjourney to create a work he titled "Théâtre D'opéra Spatial," which won an award at the Colorado State Fair. He then submitted the work to the Copyright Office for registration. Although principally developed by Midjourney, Allen argued that he used over 600 text prompts to edit and create the work. Nevertheless, the Copyright Office rejected his application on three different occasions. The Copyright Office explained that, even with his 600+ text prompts as contributions, the work was not sufficiently human-authored as it contends the Copyright Act requires. Allen has sued the Copyright Office to force its issuance of a registration for his work, and he is arguing that the human authorship requirement purportedly required by the Copyright Act is not as restrictive as the agency argues. The parties have completed briefing the question, and the Colorado District Court will likely rule in the second or third quarter of 2026.

Key Dates:

• August 25, 2025: Allen moves for summary judgment.
• September 26, 2024: Jason Allen sues Register of Copyrights for refusing to register his work.
• September 5, 2023: Copyright Office issues second letter declining request for reconsideration.
• July 12, 2023: Allen sends a second request for reconsideration to Copyright Office.
• June 6, 2023: Copyright Office issues first letter declining request for reconsideration.
• January 24, 2023: Allege requests Copyright Office to reconsider decision.
• December 13, 2022: Copyright Office refuses registration.
• September 21, 2022: Allen submits application to register a two-dimensional artwork with the copyright office.

Allen v. Perlmutter, No. 1:24-cv-2665 (D. Colo. Sept. 26, 2024)