Posted by senaevren 1 day ago
> Works predominantly generated by AI without meaningful human authorship are not eligible for copyright protection
Note the word "predominantly", and the discussion that follows in the article about what the courts and the copyright office said.
Nor does it give a single answer.
Mere prompting is still not enough for copyright, and the problem is unsolved on how much contribution a human needs to make to the generated code.
In the case for generated images copyright has been assigned only to the human-modified parts.
Even worse, it will be slightly different in other nations.
The only one that accepts copyright for the unchanged output of a prompt is China.
There are far more characters protected by copyright than trademark.
Plus what if Anna Karenina was GPL?
AI to review - shallow minutia and bikeshedding
AI to edit - wrote duplicated functions that already existed
AI to test - special casing and disabling code to pass the narrow tests it wrote
AI report - "Everything looks good, ship it!"
How much code do you need to change in order for it to be original? One line? 10%? More than 50%?
That's arbitrary and quite unproductive convo to be honest.
Yeah but that’s what the legal system ostensibly does. Splitting fine hairs over whether a derived work is “transformative” is something lawyers and judges have been arguing and deciding for centuries. Just because it’s hard to define a bright red line, doesn’t mean the decision is arbitrary. Courts will mull over whether a dotted quarter note on the fourth bar of a melody constitutes an independent work all day long. It seems absurd, but deciding blurry lines are what courts are built to handle.
That makes no sense because what if you refactor your code ad infinitum using AI? You spin up a working implementation, then read through the code, catalog the changes like interface, docs, code quality and patterns and delegate to the AI to write what you would.
It's 100% AI code and it's 100% human code. That distinction is what's counterproductive.
As the article says in the Tl;DR at the top the code may be contaminated by open source licenses
> Agentic coding tools like Claude Code, Cursor, and Codex generate code that may be uncopyrightable, owned by your employer, or contaminated by open source licenses you cannot see
That's not how copyright works. The modified version is derivative. You can't just take the Linux kernel, make some changes, and slap a new license on it.
There’s a very accessible summary of the United States rules here:
> The second commit message versus the first is the difference between a defensible authorship claim and a clean “Claude wrote this” record.
That makes no sense to me, as the commit message is probably LLM generated as well. (and even easier to generate as it doesn't have to compile or pass automated tests).
Or is it still IP even if it is not copyrightable? That would feel weird: if it's in the public domain, then it's not IP, is it?
If you generate the same code with AI, now it does not have a copyright. If it depends on an MIT library, then the MIT library has a copyright and you have to honour the licence. But the code you produced does not have a copyright (because it was generated by an AI). And therefore nobody "owns" it. My question is: can your employer prevent you from distributing something they don't own?
CC0 came about in part because of this ambiguity. To deal with it, part of CC0 basically says - even if there would still be restrictions to this if it were only in the public domain, I renounce those theoretical rights.
Outside the underdeveloped legal framework, I believe knowledge and truth is like life, and human society has some continued philosophical growth required here.
The answer is probably "Nobody"!
Ah, here we go, courtesy of google-ml: '"Human Resources" by Adrian Tchaikovsky, published on Reactor[...] https://reactormag.com/human-resources-adrian-tchaikovsky/ '
And yet that was the state of software at every company I worked at before FAANG, and even a good amount there...
Inadvertent copyleft license violations: probably 0 lawsuits
Competitor copied your software, you could not defend your rights in court because it was made with AI: probably also 0
Users of agentic AI for software development: >10 million
The thinking here seems pretty clear to me.
I mean if the code is not copyrighteable that does not mean anything; it's just public domain code except that meta will just use good old security by obscurity to protect it. If somehow a meta programmer vibes code, say, VVVVVV, and Terry Cavanagh recognizes it on his facebook feed and sues meta, and wins, all that will happen is that meta will take down the copy of VVVVVV, will fire and sue the engineer that vibe coded it and call it a day.
Anthropic "solved" this by intermingling the texts extracted from pirated books (illegal) with texts extracted from the physical books they bought and destroyed (legal), so no one can clearly say if the copyrighted material it spits out came from a legal source or not. Everyone rejoiced.
For example:
No Generative AI Training Use
For avoidance of doubt, Author reserves the rights, and grants no rights to, reproduce and/or otherwise use the Work in any manner for purposes of training artificial intelligence or machine learning technologies to generate text, text to speech, voice, or audio including without limitation, technologies that are capable of generating works in the same style or genre as the Work, unless individual or entity obtains Author’s specific and express permission to do so. Nor does any individual or entity have the right to sublicense others to reproduce and/or otherwise use the Work in any manner for the purposes of training artificial intelligence or machine learning technologies to generate text, text to speech, voice, or audio without Author’s specific and express permission.
They're only legal if training is fair use - and even I don't think it's immediately clear what would be the legal status of verbatim regurgitation of code in copyright, or code protected by patents?
AFAIK I (as a human developer) can't assume that I can go and copy code out of a text book, and then assume copyright and charge for a license to it?
The judge seems to have said it's because they "transformed" the books (destroying them after digitalizing) in the process, that made it legal.
> Ultimately, Judge William Alsup ruled that this destructive scanning operation qualified as fair use—but only because Anthropic had legally purchased the books first, destroyed each print copy after scanning, and kept the digital files internally rather than distributing them. The judge compared the process to “conserv[ing] space” through format conversion and found it transformative. - https://arstechnica.com/ai/2025/06/anthropic-destroyed-milli...