The Supreme Court has just turned down a petition to hear an appeal in a case that held that AI works can't be copyrighted. By turning down the appeal, the Supreme Court took a massively consequential step to protect creative workers' interests:

https://www.theverge.com/policy/887678/supreme-court-ai-art-copyright

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If you'd like an essay-formatted version of this thread to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2026/03/03/its-a-trap/#inheres-at-the-moment-of-fixation

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At the core of the dispute is a bedrock of copyright law: that copyright is for humans, and humans alone. In legal/technical terms, "copyright inheres at the moment of fixation of a work of human creativity." Most people - even people who work with copyright every day - have not heard it put in those terms. Nevertheless, it is the foundation of international copyright law, and copyright in the USA.

2/

Here's what it means, in plain English:

a) When a human being,

b) does something creative; and

c) that creative act results in a physical record; then

d) a new copyright springs into existence.

For d) to happen, a), b) and c) all have to happen first. All three steps for copyright have been hotly contested over the years.

3/

Remember the "monkey selfie," in which a photographer argued that he was entitled to the copyright after a monkey pointed a camera at itself and pressed the shutter button? That image was *not* copyrightable, because the monkey was a monkey, not a human, and copyright is only for humans:

https://en.wikipedia.org/wiki/Monkey_selfie_copyright_dispute

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Monkey selfie copyright dispute - Wikipedia

Then there's b), "doing something creative." Copyright only applies to *creative* work, not work itself. It doesn't matter how hard you labor over a piece of "IP" - if that work isn't creative, there's no copyright. For example, you can spend a fortune creating a phone directory, and you will get no copyright in the resulting work, meaning anyone can copy and sell it:

https://en.wikipedia.org/wiki/Feist_Publications,_Inc._v._Rural_Telephone_Service_Co.

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Feist Publications, Inc. v. Rural Telephone Service Co. - Wikipedia

If you mix a *little* creative labor with the hard work, you can get a *little* copyright. A directory of "all the phone numbers for cool people" can get a "thin" copyright over the *arrangement* of facts, but such a copyright still leaves space for competitors to make many uses of that work without your permission:

https://pluralistic.net/2021/08/14/angels-and-demons/#owning-culture

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Pluralistic: 14 Aug 2021 – Pluralistic: Daily links from Cory Doctorow

Finally, there's c): copyright is for *tangible* things, not intangibles. Part of the reason choreographers created a notation system for dance moves is that the moves themselves aren't copyrightable:

https://en.wikipedia.org/wiki/Dance_notation

The non-copyrightability of movement is (partly) why the noted sex-pest and millionaire grifter Bikram Choudhury was blocked from claiming copyright on ancient yoga poses (the other reason is that they are ancient!):

https://en.wikipedia.org/wiki/Copyright_claims_on_Bikram_Yoga

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Dance notation - Wikipedia

@pluralistic
So now I'm interested to know whether different people own the copyrights to the ballet Swan Lake when notated in Labano and in Benesh.