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Who owns the code Claude Code wrote?

legallayer.substack.com

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Re: Who owns the code Claude Code wrote?

#412

> The US Copyright Office confirmed this in January 2025, and the Supreme Court declined to disturb it in March 2026 when it turned away the Thaler appeal. Works predominantly generated by AI without meaningful human authorship are not eligible for copyright protection, and that rule is now settled at the highest judicial level available. Misstates the law. Denial of certiorari can happen for many reasons unrelated t…

Lets hire humans as pAIrrots? They see it, they rearrange it, they rename variables and then they "authored" it. What a job- to start for as junior, but if you understand whats happening, you may augment the AIs code by giving "feedback" with enough time.

Free water but not electricity? I'll just hook up a generator to the shower...

These sorts of simplistic loopholes rarely work. Imagine if you could get copyright for the linux kernel by just rearranging it and renaming a few variables.

Re: Who owns the code Claude Code wrote?

#413
post #318

This is the same shape as the image cases. Zarya of the Dawn already settled it for Midjourney output: human-written elements were protected, AI-generated images were not. The character design didn't get copyright even though the human picked, prompted, and curated. Code isn't different. Prompting Claude to produce a function is closer to prompting Midjourney to produce a frame than to writing the function yourself.…

But is there anything stopping a human from applying for copyright in their own name? Does the fact that somebody can recreate the prompt invalidate their claim?

What you're asking is, "could someone do fraud" and "would being found out invalidate their copyright". To both of which the answer is generally, yes.

It'd be a form of plagiarism, just with different consequences to the most common form.

Re: Who owns the code Claude Code wrote?

#414

Earlier quoted context omitted.

Claude is not a legal entity, it is a software tool that outputs text based on statistics. There is a user that used a tool to create text and that user is the legal entity responsible for the text in any legal way that matters. Anything else would be completely ridiculous given current laws in most countries. It would be as ridiculous as blaming the car in a car accident where you drove over someone.

Those "statistics" that the output is based on are often under licenses that forbid making proprietary software with them for example. It is not the same as using Word.

The statistics is generally not. But the data used to learn the statistics may have been under license.

Learning from licensed material is generally accepted in humans, you may learn from something and then create something else and the new thing is not considered legally problematic with the exception of patents i guess.

Whether the same thing holds true for electronic systems is where people disagree if you look at the problem space in its essence. I land on the side that it is the same thing(humans and electronic systems learning), some seam to think it is a different thing.

Re: Who owns the code Claude Code wrote?

#415
post #115

Personally, I think that the human directing the agent owns the copyright for whatever is produced, but the ability for the agent to build it in the first place is based off of stolen IP. I'm concerned about the copyright 'washing' this enables though, especially in OSS, and I think the right thing for OSS devs to do is to try to publish resulting code with the strongest copyleft licensing that they are comfortable w…

The LLM is just a database. It's like saying 'I own the copyright to what comes out of an API because I crafted the query' or 'I own the copyright to the responses I get from the bots on the Starship Titanic because I crafted the message they respond to'.

Re: Who owns the code Claude Code wrote?

#416

Earlier quoted context omitted.

Humans have been known to recite entire parts from plays from memory, live in front of audiences even.

And they are legally required to license the play to do that, if it's still in copyright.

Only to perform it, not learn it.

Re: Who owns the code Claude Code wrote?

#417
post #334

Earlier quoted context omitted.

The "learning" isn't learning really. I mean it might be, but if you define learning to be a human endeavor than AI can't learn. It's perfectly reasonable to say it's okay for humans to do something but not okay for a computer program to do the same thing. We don't have to equate AI to humans, that's a choice and usually a bad one.

It's also perfectly reasonable to say it's ok for a program or machine to do the same thing as a human. This has been the basis for the technological revolution since the dawn of technology.

It's legal and perfectly reasonable for a human being to combine organic fuels with oxygen from the air to create energy and CO2. Any law restricting that would be the worst form of tyranny.

It would not be reasonable to allow machines to do that at unlimited scale without restrictions.

(Hopefully the fossil fuels industry won't draw inspiration from the legal arguments made by AI companies...)

Re: Who owns the code Claude Code wrote?

#418
post #388
post #386

Earlier quoted context omitted.

That is in fact correct. Both the compiler (in absence of inclusion of copyrighted libraries) and the LLM are considered to not add creative work and thus do not change copyright status of the works they transform. You can consider the training set of the LLM or other AI model to be 3rd party libraries and the level of copyright from them applying to final output to be how much can be directly considered derivative,…

>> You can consider the training set of the LLM or other AI model to be 3rd party libraries ... I like this comparison -- training set as '3rd party libraries'. Except, of course, that the authors behind the training set may not have actually granted permission to use, whereas the 3rd party libraries usually have some permission by way of license.

[deleted]

Re: Who owns the code Claude Code wrote?

#420

> The US Copyright Office confirmed this in January 2025, and the Supreme Court declined to disturb it in March 2026 when it turned away the Thaler appeal. Works predominantly generated by AI without meaningful human authorship are not eligible for copyright protection, and that rule is now settled at the highest judicial level available. Misstates the law. Denial of certiorari can happen for many reasons unrelated t…

Lets hire humans as pAIrrots? They see it, they rearrange it, they rename variables and then they "authored" it. What a job- to start for as junior, but if you understand whats happening, you may augment the AIs code by giving "feedback" with enough time.

Ah the infamous "no I wrote it myself" submission in university coursework. Usually gets you a free visit to the guidance counsel and a bonus free mark (on your three strikes and you are out plagiarism form).
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