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Comment by jrmg | original | All AI-generated code should be Open Source
[−]jrmg · 2026-11-15 Sun 15:49 UTC · link
In the United States the Copyright Office actually has guidance on this that I feel most people aren’t aware of.

https://www.copyright.gov/ai/Copyright-and-Artificial-Intell...

An excerpt, with emphasis mine:

• Questions of copyrightability and AI can be resolved pursuant to existing law, without the need for legislative change.

• 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.

• Copyright does not extend to purely AI-generated material, or material where there is insufficient human control over the expressive elements.

• Whether human contributions to AI-generated outputs are sufficient to constitute authorship must be analyzed on a case-by-case basis.

• Based on the functioning of current generally available technology, prompts do not alone provide sufficient control.

• Human authors are entitled to copyright in their works of authorship that are perceptible in AI-generated outputs, as well as the creative selection, coordination, or arrangement of material in the outputs, or creative modifications of the outputs.

• The case has not been made for additional copyright or sui generis protection for AI- generated content.

I am sure there will be many more legal battles and probably legislation about this to come.

[−]fnord77 · 2026-11-15 Sun 16:27 UTC · link
seems rather vague
[−]jrmg · 2026-11-15 Sun 16:48 UTC · link
It’s always been rather vague. It sort of has to be because humans are always thinking up new ways to express themselves creatively.

Why did Andy Warhol hold the copyright on his painting of a Campbell’s soup can?

Reasonable people have been disagreeing about where human expression begins and ends for centuries.

[−]ssalka · 2026-11-15 Sun 17:02 UTC · link
Wait until you learn about how we determine whether use of copyrighted content is an infringement or not:

https://fairuse.stanford.edu/overview/fair-use/four-factors/

[−]dspillett · 2026-11-15 Sun 17:09 UTC · link
Of course it is vague, these things always are for both good reasons (it avoids objective limits creating silly situations between what is protected and what can be had through an obvious loophole) and bad (written by lawyers to keep lawyers in business interpreting and arguing about it).

It is fairly explicit in saying that what AI makes for your is not copyrightable, the vague comes from how much work you need to do to make it your output and not the AIs. Too many people seem to equate "asking for something to be made" with "I made this!", as difficult as it will be to make a prescriptive rule about that which pleases enough people (you'll never please everyone) it would appear to be necessary unless we just accept the free-for-all "no one owns anything because it can just be copied, and the copies copied too" option.

[−]skhameneh · 2026-11-15 Sun 16:30 UTC · link
It’s so reasonable, it’s almost offensive. /s

I’ve encountered (many times) people talking about the copyright office as if they don’t support copyright of things touched by AI and I’m constantly correcting them that their guidance is driven by human expression (and not the tools used). It seems like a lot of people don’t want to accept that a reasonable premise is set because it doesn’t fit their agenda or outrage engagement.

[−]mr_toad · 2026-11-15 Sun 17:11 UTC · link
Would you argue that the output of a zero or one shot prompt was sufficiently influenced by human creativity to qualify for copyright?
[−]jrmg · 2026-11-15 Sun 18:03 UTC · link
With the caveat that this is my own extrapolation of the rules - and what I think is reasonable: How creative was the prompt?

"Translate my very detailed pseudocode into Ruby: <pages of pseudocode>": probably.

"Write me a game about a horse. Don't stop until it's finished. Make no mistakes.": probably not.

And unfortunately for us engineers, there's a very big, fuzzy, not-precisely-definable range in between of "I'll know it when I see it".

[−]semiquaver · 2026-11-15 Sun 16:34 UTC · link
How dare you disrupt the narrative with facts and moderate positions!

OP would much prefer their fantasy of tearing the world down with “one weird trick” that only they were brilliant enough to notice.

[−]what · 2026-11-15 Sun 16:44 UTC · link
> Based on the functioning of current generally available technology, prompts do not alone provide sufficient control.

So slop doesn’t qualify for copyright. I’m not sure why you didn’t emphasize this one.

[−]timbritt · 2026-11-15 Sun 17:08 UTC · link
This is why I keep a comprehensive and exhaustive record of infrastructural, architectural, business logic and code-level decisions in the form of tasks/issues for everything I build. It’s literally a real-time record of my personal involvement in the design of the system.
[−]beej71 · 2026-11-15 Sun 17:30 UTC · link
> Copyright does not extend to purely AI-generated material, or material where there is insufficient human control over the expressive elements.

Does creatively hitting RETURN count? Asking for a friend.

[−]throwawayffffas · 2026-11-15 Sun 17:47 UTC · link
It does not, even if you prompt it to do stuff, it does not.
[−]rixed · 2026-11-15 Sun 17:45 UTC · link
It doesn't say much about the copyrights of the many authors whose work was in the model training data, or does it?
[−]verdverm · 2026-11-15 Sun 17:51 UTC · link
Courts have been deeming that fair use due to the transformative nature.
[−]Animats · 2026-11-15 Sun 18:36 UTC · link
Yes.

One precedent is that it's not unusual for artists to practice by going to art galleries and sketching or drawing the art on display. It's a standard art student assignment. If that's not a copyright violation, an LLM doing something similar isn't.

[−]ajmurmann · 2026-11-15 Sun 19:00 UTC · link
What if it’s verbatim though? If I go to a museum and photograph the work and then sell prints of the photo is that find also?
[−]_aavaa_ · 2026-11-15 Sun 19:04 UTC · link
> LLM doing something similar isn't.

Why? An LLM isn’t a human. Why should the same rules apply to it?

[−]CharlesW · 2026-11-15 Sun 18:52 UTC · link
"Transformative nature" is just one of several factors that go into deciding if something is fair use. Also, fair use is decided case by case in the courts, so one can't say that "training LLMs on copyrighted materials is fair use".

Model vendors know this isn't fair use, given that they're self-censoring the training and/or generation of copyrighted materials by entities big enough to hurt them. As usual, the rest of us have no recourse other than bend over and take it.

[−]calibas · 2026-11-15 Sun 18:50 UTC · link
So copyright only applies if there's sufficient human control, and prompts alone do not demonstrate sufficient control. Exactly what counts as "sufficient human control" must be analyzed on a case-by-case basis.

That means I can't know if my AI generated code can be copyrighted unless someone takes it to court?