In a previous article on AI and coding, where I explored the capabilities of ChatGPT in rewriting and enhancing code, a reader raised an interesting question about ownership of the resulting code. The issue of who owns AI-generated code is complex and uncertain, as legal precedents are still being established in this emerging field. I have consulted with legal experts to shed light on this matter.
The discussion surrounding AI-generated code ownership involves both contract and copyright law. Companies producing AI-generated code typically consider it their property, similar to their other intellectual property. OpenAI, the company behind ChatGPT, assigns all rights to the output generated by their AI to the user. However, the issue of code ownership remains murky, especially when incorporating AI-generated code into an application.
Legal experts suggest that the person arranging for the creation of AI-generated code may be considered the author and owner of the work. In countries like Canada and the UK, laws are evolving to define authorship of computer-generated works. However, the issue is still unsettled, and more case law is needed to clarify ownership rights.
Copyright law plays a crucial role in determining who can use and modify AI-generated code. While ownership grants control over the code, copyright protects the creator’s rights to the work. Copyright claims can provide additional legal protection, but defining infringement in the context of AI-based code can be challenging.
The question of what qualifies as a copyrightable work also arises, as works must be created by a human being to be eligible for copyright protection. The U.S. Copyright Office does not explicitly address the copyrightability of AI-created works, raising uncertainty in this area.
Recent rulings by the U.S. Copyright Office on AI-generated content, such as a graphic novel with images generated by AI software, suggest that works containing significant human contributions may be copyrightable. However, isolated AI-generated images or code may not be subject to copyright protection.
Overall, the issue of ownership and copyright of AI-generated code presents a complex and evolving legal landscape for developers and businesses. It is essential to understand the implications of using AI tools like ChatGPT in code development and to navigate the legal considerations surrounding ownership and copyright.