Works of art created by artificial intelligence cannot be covered by copyright according to a recent ruling in the US that denied computer scientist Stephen Thaler the registration of the work in the name of the AI algorithm that created it. It once again reopens the debate on the previously raised issues concerning copyright in cases where the work is created by a machine apparently without human input. The most recent conclusion of the American judges depends on the finding that the algorithm is not a sentient being. The more sensitive issue of lack of legal capacity, however, continues to be overlooked.