There’s been a lot of buzz about ChatGPT and other artificial intelligence (AI) tools being used to create new products and services. Whether you’re a software developer or someone who pays for app development, you’ll want to make sure you’re protected if and when AI tools are used in your projects.
First, it’s unclear what intellectual property (IP) rights you have to code generated by AI.
Even if no one else gets the output, it’s unclear what the AI is relying upon when generating code. Are you getting something new? Or is it a derivative work of code the AI tool “borrowed” from to fulfill your requests?
What if the copyright for borrowed code is owned by someone else? Or the AI tool relied upon open source or public domain code?
Now many AI tools terms of use claim the user owns the IP. Yet the AI’s creators reserve the right to provide identical IP to other users who request it. So, it’s easy to see situations where you and a competitor are using artificial intelligence tools that create identical code for both of you to use. Who owns it?
Whether or not you plan to use AI tools in software development, we’re now at a point where your software contracts should address the issue so that you know what can and cannot be done. And to try to define what ownership rights you’ll have (ownership, license, etc.)
Need help? It’s time to schedule a phone consultation with Software Lawyer Mike Young.
