Which court has made a ruling on this? The only decision I'm aware of was that some Gen-AI artwork couldn't be copyrightable if it was made without substantial input, direction, and scrutiny.
Which court has made a ruling on this? The only decision I'm aware of was that some Gen-AI artwork couldn't be copyrightable if it was made without substantial input, direction, and scrutiny.
https://www.congress.gov/crs-product/LSB10922
You did not write it, the AI did. Either the work cannot be copyright, or the AI owner (Anthropic) owns the code. Not you. In no case can you own code you didn't write. You guys keep arguing that it enjoys copyright protection without realizing this part. There is no "work-for-hire" default in the law for AI even if it did enjoy copyright. You don't own it. And I am pointing out neither should Anthropic.
>several provisions of the Copyright Act imply that it uses the word "author" only to refer to human beings, including provisions (1) vesting copyright ownership "initially in the author"; (2) limiting copyright duration to 70 years after "the author's death"; (3) providing for inheritance of certain rights by the author's "widow or widower" or "surviving children or grandchildren"; (4) requiring a signature to transfer copyright ownership; (5) extending protection to unpublished works regardless of the author's "nationality or domicile"; and (6) defining a "joint work" based on the authors' "intention" to merge their contributions in a certain way.
The law clearly, definitively, is talking about human authorship and nothing else. You are basing this concept that you can copyright AI written code on a law change that has not happened. It is very very unlikely that a law change can/will ever happen, because copyright law in particular is enshrined in international treaties like the 140 year old Berne Convention. This is a major reason why I was very much opposed to the TPP. Every new international copyright treaty is just more cement, making it completely unchangable. If you want to change this law, it will require cooperation from most of the countries in the world to do it.
(I would also argue whether it matters in practice the other way: if something was AI generated, it is in principle cheap for someone else to generate it separately anyway: if you're wanting to copy AI generated code then there's probably some part of the ideas in it that are valuable beyond what the AI can output on its own)
(Also, this uncertainty does still mean that it's probably prudent to record which parts of your software are generated and which are not: it's a conceivable outcome that some company winds up in court and manages to argue that the human-generated parts are still covered under copyright, but are unable to point to which parts those are and therefore lose it entirely)