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United States · US-002

Allen v Perlmutter

ALLEGEDU.S. District Court for the District of Colorado1:24-cv-02665Pending - summary-judgment briefing complete
AuthorshipCopyrightabilityHuman Creative ContributionRegistration

Key holding or allegation

No merits judgment had been identified by the project cutoff; plaintiff argues that prompting and post-processing satisfy human authorship.

Why it matters

Potentially important U.S. test of copyrightability beyond the autonomous-AI facts of Thaler.

Facts

Plaintiff challenges refusal to register a work produced through extensive Midjourney prompting and later human modifications.

Issues before the court

How much human creative control over AI-assisted output is required for copyright protection of the work as a whole.

What the court did not decide

No merits holding yet.

Procedural timeline

2026-08-14

U.S. District Court for the District of Colorado
Pending status checkpoint: No merits judgment identified in the project docket check; summary-judgment briefing had been completed earlier in 2026.

ALLEGED