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Who owns the code Claude Code wrote?

legallayer.substack.com

21–30 of 570 posts

Re: Who owns the code Claude Code wrote?

#21
I think it should be pretty clear that if you provided the tool the specification for the code you want, you have already provided creative input.

After all, is this not what happens with compilers as well? LLM agents are just quite advanced compilers that don't require the specification to be as detailed as with traditional compilers.

Re: Who owns the code Claude Code wrote?

#22

I have a wood cutting machine and some wood. Who owns the timber?

Sadly, IP "ownership" and copyright law are vastly more complex than ownership of physical stuff.

Or were you planning to reproduce the (say) Ford Motor Company's trademarked symbol in wood? If so, you're right back in the stinkin' swamp.

Re: Who owns the code Claude Code wrote?

#23
post #8

This is all well and good as an intellectual exercise, but in real life none of this matters. Almost no one thinks their code is copyrightable or seriously thinks their code is a moat. I've written the same chunks of code for a number of employers as has every engineer. We've all taken chunks from stack overflow and other places without carefully considering attribution. This comes up in a few places as a kind of vin…

> Almost no one thinks their code is copyrightable

I think this is an unusual opinion.

Code may not be copyrightable in as small chunks as you put there, but in terms of larger pieces I think companies and individuals very often labour under the belief that code is intellectual property under copyright law.

If code isn't copyrightable, from where comes the GPL?

And why does anyone care if (for instance) some Microsoft code might have accidentally ended up in ReactOS, causing that project to need to go into a locked-down review mode for months or years? For that matter why do employers assert that they own the copyright in contracts?

I think it's the opposite - almost everyone thinks their code is copyrightable, outside of APIs and interop stuff, or things so simple as to be trivial.

Re: Who owns the code Claude Code wrote?

#24
post #13

The "if you generated the code at work using company tools, it's owned by your employer" affirmation in the article makes no sense to me? If computer generated code is not copyrightable, ownership cannot be reassigned either.

How is it for human developers now if the company tool is a cloud tool and not running on company servers?

Re: Who owns the code Claude Code wrote?

#26
post #8

This is all well and good as an intellectual exercise, but in real life none of this matters. Almost no one thinks their code is copyrightable or seriously thinks their code is a moat. I've written the same chunks of code for a number of employers as has every engineer. We've all taken chunks from stack overflow and other places without carefully considering attribution. This comes up in a few places as a kind of vin…

Nobody ever talks about convergence.

You, right now, are taking about convergence.

If there is no artwork, there can be no copyright. If every character of the code to write is basically predetermined by the APIs you need to call, there is no artwork and no copyright.

Build a novel new API, and you'll be protected though.

Re: Who owns the code Claude Code wrote?

#28
Seems to gloss over other kinds of contamination, beyond GPL code. Code from pirated text books, the problem with the entire language model being trained on copyright data, and on the possibility of the training data containing various copyrighted code.

Re: Who owns the code Claude Code wrote?

#29
post #3

This is of course assuming you take AI-generated code unchanged. But you don't, in my experience. And that generates a new work fully copyrightable even if the original wasn't. Just like how the fad a decade or so ago of taking Tolstoy and Jane Austen works and adding new elements -- "Android Karenina" and "Sense and Sensibility and Sea Monsters" are copyrighted works even if the majority of the text in them was from…

> This is of course assuming you take AI-generated code unchanged.

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.

Re: Who owns the code Claude Code wrote?

#30
post #21

I think it should be pretty clear that if you provided the tool the specification for the code you want, you have already provided creative input. After all, is this not what happens with compilers as well? LLM agents are just quite advanced compilers that don't require the specification to be as detailed as with traditional compilers.

To me this is like asking who owns the binary files a compiler generates.
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