The Delhi High Court directed the Copyright Office to decide within eight weeks on copyright registration for an AI-generated artwork by Stephen Thaler. The plea seeks recognition of authorship for work created autonomously by the AI system DABUS.
The Delhi High Court ordered the Copyright Office to decide, within eight weeks, an application seeking copyright registration for an artwork produced by artificial intelligence (AI). The direction followed a petition by American AI researcher Stephen Thaler, who seeks recognition of copyright in an artwork titled A Recent Entrance to Paradise, which he says was created autonomously by his AI system, DABUS (Device for the Autonomous Bootstrapping of Unified Sentience).
Justice Tushar Rao Gedela disposed of the petition after noting that the Copyright Office has fixed a hearing in the matter for April 27, 2026, and directed the Registrar of Copyrights to “conclude the proceedings expeditiously, preferably within 8 weeks from the date of hearing.”
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The disputed work, A Recent Entrance to Paradise, is characterised as a surreal, machine-generated image produced without direct human authorship. Thaler maintains that the piece was autonomously generated by DABUS, an AI system intended to emulate creative processes and produce original outputs.
Thaler submitted his copyright application in 2022, but it has remained pending for nearly four years. He sought judicial directions requiring the authorities to process and decide the application in accordance with law.
The matter raises a central legal question: whether works created by artificial intelligence can be recognised under the Copyright Act, 1957. Although the statute recognises “computer-generated works,” it does not expressly contemplate authorship by non-human entities, creating interpretive uncertainty.
During examination, objections were raised that only a natural person can be recognised as an author. Thaler contends that AI-generated works fall within the category of “computer-generated works,” and that authorship may vest in the person who causes the work to be created.
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Thaler has been at the forefront of global efforts to test intellectual property limits in the AI era, filing multiple applications in different jurisdictions seeking recognition of AI systems as inventors or authors. Courts and patent offices in the United States, United Kingdom and European Union have consistently rejected such claims, holding that current legal frameworks recognise only natural persons as inventors or authors.
Those decisions have fuelled debate over whether intellectual property laws must be updated to reflect the expanding role of generative AI in creative and inventive activities.
The Delhi High Court matter is among the first in India to squarely address copyright protection for AI-generated works. Its outcome could materially affect how Indian law treats authorship, ownership and registration of AI-created content, especially as generative AI becomes more widespread across sectors.
The case may also shape policy conversations about adapting IP laws to new technologies and could serve as a precedent for future disputes involving AI-generated works in India.
Thaler was represented by Advocates Ankit Sahni, Kritika Sahni, Chirag Ahluwalia and Aman Sinha.
Case Title: Stephen Thaler v. Union of India
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