It’s just unsettled law, and the link is basically an opinion piece. But guess who wins major legal battles like this - yep, the big corps. There’s only one way this is going to go for AI generated code
It is true that AI work (and anything derived from it that isn’t significantly transformative) is public domain. That said, the copyright of code that is a mix of AI and human is much more legally grey.
In other work, where it can be more separated, individual elements may have different copyright. For example, a comic was made using AI generated images. It was ruled that all the images were thus public domain. Despite that, the text and the layout of the comic was human-made and so the copyright to that was owned by the author. Code, obviously can’t be so easily divided up, and it will be much harder to define what is transformative or not. As such, its a legal grey area that will probably depend on a case-by-case basis.
Yeah, it’s like products that include FOSS in them, only have to release the FOSS stuff, not their proprietary. (Was kind of cute to find the whole GNU license buried in the menus of my old TiVo…)
The use of AI tools to assist rather than stand in for human creativity does not affect
the availability of copyright protection for the output.
Copyright protects the original expression in a work created by a human author,
even if the work also includes AI-generated material.
I’m not sure where you get that from, I’m pretty sure vibe coding still complies with these indications
“AI-generated” works can be copyrighted. However, on the condition that the AI-generated elements are explicitly mentioned in the “Excluded Material” field. In other words, the parts generated by AI are not protected, only the parts that are expressed by human creativity. Courts in the U.S have already rejected registration for many AI works because of that. Regardless, it’s still a contentious matter.
P.S. I am completely opposed to (generative) AI as well as the copyright system. I’m just stating my findings researching the law and court cases.
Did you even read your own report? It says that AI works are copyrightable in certain circumstances, not that they make a whole project public:
Copyright law has long adapted to new technology and can enable case-by-
case determinations as to whether AI-generated outputs reflect sufficient human contribution to
warrant copyright protection. As described above, in many circumstances these outputs will be copyrightable in whole or in part—where AI is used as a tool, and where a human has been able
to determine the expressive elements they contain. Prompts alone, however, at this stage are unlikely to satisfy those requirements.
“AI-generated” works can be copyrighted. However, on the condition that the AI-generated elements are explicitly mentioned in the “Excluded Material” field. In other words, the parts generated by AI are not protected, only the parts that are expressed by human creativity. Courts in the U.S have already rejected registration for many AI works because of that.
P.S. I am completely opposed to (generative) AI as well as the copyright system. I’m just stating my findings researching the law and court cases.
As much as I wish this was true, I don’t really think it is.
It’s just unsettled law, and the link is basically an opinion piece. But guess who wins major legal battles like this - yep, the big corps. There’s only one way this is going to go for AI generated code
It is true that AI work (and anything derived from it that isn’t significantly transformative) is public domain. That said, the copyright of code that is a mix of AI and human is much more legally grey.
In other work, where it can be more separated, individual elements may have different copyright. For example, a comic was made using AI generated images. It was ruled that all the images were thus public domain. Despite that, the text and the layout of the comic was human-made and so the copyright to that was owned by the author. Code, obviously can’t be so easily divided up, and it will be much harder to define what is transformative or not. As such, its a legal grey area that will probably depend on a case-by-case basis.
Yeah, it’s like products that include FOSS in them, only have to release the FOSS stuff, not their proprietary. (Was kind of cute to find the whole GNU license buried in the menus of my old TiVo…)
So, you’re telling me I can copypaste 100% some of the ai slop books on amazon and resell it as mine? Brb, gonna make a shit site an absolute diarrhea
If the AI generated code is recognisably close to the code the AI has been trained with, the copyright belongs to the creator of that code.
And they should obey the license of the code.
Since AIs are trained on copyleft code, either every output of AI code generators is copyleft, or none of it is legal to use at all.
Even if it were, it would be for you or I, but not for Microsoft, apple, Google, or Amazon.
The US copyright office confirms this. https://www.copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-2-Copyrightability-Report.pdf
I’m not sure where you get that from, I’m pretty sure vibe coding still complies with these indications
“AI-generated” works can be copyrighted. However, on the condition that the AI-generated elements are explicitly mentioned in the “Excluded Material” field. In other words, the parts generated by AI are not protected, only the parts that are expressed by human creativity. Courts in the U.S have already rejected registration for many AI works because of that. Regardless, it’s still a contentious matter.
P.S. I am completely opposed to (generative) AI as well as the copyright system. I’m just stating my findings researching the law and court cases.
As mentioned elsewhere in this thread it won’t matter either way unless tested in court and that will never happen for most companies.
Did you even read your own report? It says that AI works are copyrightable in certain circumstances, not that they make a whole project public:
“AI-generated” works can be copyrighted. However, on the condition that the AI-generated elements are explicitly mentioned in the “Excluded Material” field. In other words, the parts generated by AI are not protected, only the parts that are expressed by human creativity. Courts in the U.S have already rejected registration for many AI works because of that.
P.S. I am completely opposed to (generative) AI as well as the copyright system. I’m just stating my findings researching the law and court cases.