If ChatGPT produces AI-generated code for your app, who does it really belong to?


In a recent discussion surrounding the ownership of code generated by AI, a pertinent question arose regarding the implications of using platforms like ChatGPT for coding tasks. The complexity of this issue is underscored by the lack of clear legal precedents, as noted by attorney Collen Clark, who emphasizes the uncertainty surrounding the legal ramifications of AI-generated code. The conversation delves into copyright and liability concerns, particularly when integrating AI-generated modules into a larger application. Richard Santalesa, another legal expert, highlights that companies typically regard AI-generated code as their intellectual property, while OpenAI explicitly states that users retain rights to the output produced. However, the ownership landscape remains ambiguous, especially in jurisdictions like Canada and the UK, where laws are still evolving. Canadian recommendations suggest that ownership might belong to the individual who commissioned the work, while UK law attributes authorship to those who arranged for its creation. The distinction between ownership and copyright is crucial, as copyright law traditionally requires human authorship, leaving AI-generated code in a gray area. Recent rulings indicate that while overall applications may be copyrightable, the AI-generated components might not be, complicating the legal landscape further. Ultimately, without substantial legal clarity, developers must navigate these murky waters with caution.



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