Case 1:22-cv-01564-BAH Document 17 Filed 02/07/23 Page 7 of 34
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WASHINGTON D.C.
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STEPHEN THALER, an individual,
SHIRA PERLMUTTER, in her official capacity as Register of Copyrights and Director of the United States Copyright Office; and THE UNITED STATES COPYRIGHT OFFICE,
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1:22-CV-01564-BAH
DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND CROSS MOTION FOR SUMMARY JUDGMENT |
INTRODUCTION
Defendants, Shira Perlmutter, in her official capacity as Register of Copyrights and Director of the United States Copyright Office, and the United States Copyright Office, (collectively, the Office or Defendants) pursuant to Fed. R. Civ. P. 56, respectfully request that the Court deny Plaintiff’s, Stephen Thaler, an individual, Motion for Summary Judgment, grant its Cross Motion for Summary Judgment, and dismiss Plaintiff’s case with prejudice.
This case turns on a single question: Did the Office act reasonably and consistently with the law when it refused to extend copyright protection to a visual work that Plaintiff represented was created without any human involvement? The answer is yes.
The work at issue is a two-dimensional artwork entitled “A Recent Entrance to Paradise” (the Work), as shown below:
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