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The U.S. Copyright Office Review Board affirmed the refusal to register Jason Allen’s AI-generated artwork, Théâtre D’opéra Spatial, on September 5, 2023. Allen later challenged the refusal in federal court and filed a motion for summary judgment, but the sources reviewed here do not establish whether the court has since ruled.
The central distinction is between the Copyright Office’s administrative decision and Allen’s later court case. The Office’s January 2025 report provides policy context on generative-AI outputs; it is not a decision in Allen’s lawsuit.
What happened in the dispute
Théâtre D’opéra Spatial is a two-dimensional artwork created using Midjourney. Allen applied to register it with the U.S. Copyright Office. After the Office refused registration, Allen appealed that refusal through the agency’s Review Board.
On September 5, 2023, the Review Board affirmed the refusal as submitted. Allen then filed a federal complaint in the U.S. District Court for the District of Colorado on September 26, 2024, seeking review of the refusal.
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Procedural history and status
| Date | Development |
|---|---|
| September 5, 2023 | The Copyright Office Review Board affirmed the refusal to register the work as submitted. |
| September 26, 2024 | Allen filed a federal challenge in the District of Colorado. |
| January 29, 2025 | The Copyright Office published Part 2 of its report on copyright and artificial intelligence, addressing copyrightability of generative-AI outputs. |
| August 25, 2025 | The Artificial Inventor Project case page reports that Allen filed a motion for summary judgment. |
| January 16, 2026 | The Copyright Office filed its response and cross-motion for summary judgment. |
| February 27, 2026 | The Artificial Inventor Project case page reports that Allen filed a reply. |
| After February 27, 2026 | The sources reviewed for this article do not verify whether the court issued a later ruling. |
Allen’s challenge is a federal court case following an administrative appeal. The Review Board’s decision is not a court ruling, and the Copyright Office’s AI report does not determine the outcome of Allen’s case.
Why the Review Board affirmed the refusal
The Board said the work contained more than a de minimis amount of AI-generated material, which had to be disclaimed in a registration application. Because Allen would not disclaim that material, the Board affirmed the refusal as submitted.
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The Board also discussed Allen’s Photoshop edits. Its decision should not be read as finding that every possible human contribution to an AI-assisted image is unprotectable; it addressed the application and work before it. The Board’s database classifies the decision under human authorship and two-dimensional artwork and records the outcome as “Refusal Affirmed.”
How to understand the later court challenge
Allen’s federal complaint seeks review of the registration refusal. In later summary-judgment filings, Allen and the government presented their positions for the court to consider. The existence of those filings does not establish that either side won or that the Board’s decision has been overturned.
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The key reader question is whether the refusal has been overturned. The sources reviewed here establish the refusal and subsequent court filings through the reported February 27, 2026 reply, but they do not establish a later court ruling. A current court docket check is needed before describing the case as resolved or still pending.
Copyright Office policy context
The Copyright Office says Part 2 of its report on copyright and artificial intelligence was published on January 29, 2025 and addresses copyrightability of outputs created using generative AI. That report is policy context, not a judicial decision in Allen v. Perlmutter.
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Keep these distinctions clear:
| Record | What it tells readers |
|---|---|
| Review Board decision | The agency affirmed the refusal to register Allen’s work as submitted because it contained AI-generated material that had to be disclaimed, and Allen would not disclaim it. |
| Federal court filings | Allen challenged the refusal and the parties filed summary-judgment papers. The sources reviewed here do not verify a later court ruling. |
| Copyright Office AI report | The Office’s policy discussion addresses copyrightability of generative-AI outputs; it does not decide Allen’s lawsuit. |
What to check before relying on a current status
- Look for a recent docket entry or court order in Allen v. Perlmutter in the U.S. District Court for the District of Colorado.
- Distinguish a party’s filing from a court ruling; a motion or reply is not a decision.
- When citing the agency decision, use the Review Board’s September 5, 2023 decision and describe its stated reason accurately.
- Treat the Copyright Office’s AI report as policy guidance, not as a holding in Allen’s case.
FAQ
Did Jason Allen’s artwork receive copyright registration?
No. The Copyright Office refused registration, and the Review Board affirmed that refusal as submitted on September 5, 2023.
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Why did the Review Board affirm the refusal?
The Board found that the work contained more than a de minimis amount of AI-generated material that had to be disclaimed in the application. Allen would not disclaim that material, so the Board affirmed the refusal as submitted.
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Has Allen won or lost his federal case?
The sources reviewed here do not establish a court ruling after the reported February 27, 2026 reply. Check the current court docket before stating whether the case has been resolved.
Does the Copyright Office’s AI report decide Allen’s case?
No. Part 2 of the Office’s report, published January 29, 2025, addresses copyrightability of generative-AI outputs. It is policy context, not a decision in Allen’s federal case.
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