Doesn't that mean any code-base that uses AI generated code does not have an implicit copyright holder? And thus even the human constructor does not have the right to apply any license [closed/open] onto it whatsoever?
OpenClaw, for instance has an MIT license [0], but, per the creators own words, they didn't even review the code. OpenClaw isn't MIT licensed, the MIT license relies on copyright, and because there was not even human review of the majority of the code, no substantial human input, that code base can't be copyrighted.
No need to steal AI code, it doesn't belong to anyone.
[0] https://github.com/openclaw/openclaw?tab=MIT-1-ov-file#readm...
besides copyright, source code also can be protected as a trade secret.
It’s why the nominal ‘top secret’ coke formula is stored in a giant vault.
If everyone at the company has access (and it’s a big company), good luck having that protection.
To enjoy trade secret protection, the above mentioned three criteria (i.e., secrecy, commercial value because of the secrecy, and reasonable steps taken by trade secret holders to maintain secrecy) must be complied with (see section 2.1 for the criteria to be met).
Trade secrets can be protected for an unlimited period of time, unless they cease to meet the criteria for trade secret protection.
Trade secret holders can seek protection only where unauthorized disclosure, acquisition or use of their trade secrets is made in a manner contrary to honest commercial practice. In other words, they do not enjoy the type of “exclusive rights” that are generally available for other categories of IP. This will be discussed in the next section.
There's also a section on trade secrets and digital objects... which includes code ... and that gets into other challenges.
https://www.wipo.int/web-publications/wipo-guide-to-trade-se...
Copyright is another form of intellectual property protection available to code and algorithms. However, it should be noted that certain jurisdictions do not permit an owner to assert both trade secret and copyright, especially if the copyrighted software discloses a majority of the source code or the “proprietary” portions. In the Capricorn case, the court held that the source code owner was barred from asserting trade secret protection because the code was also registered as a copyright, and thus available to the public. Therefore, the source code owner should carefully consider the pros and cons of each type of protection.
https://www.wipo.int/web-publications/wipo-guide-to-trade-se...
I wouldn't hold my breath.
They aren't.
The copyright office isn't either.
Everybody is very explictly saying that if you use say Sora to generate an image and you apply for a copyright with "Sora" as the author it'll be denied.
Same as if you apply for a copyright with "My Dog" as the author.
Authors must be humans and if you do not fill the author field out with a human it's denied. This has nothing to do with the tool used to create the art work.
I'm not saying there is currently a legal president to enforce this, I'm saying ethically it make sense.
shagie•1h ago
* The Supreme Court doesn't care if you want to copyright your AI-generated art https://www.engadget.com/ai/the-supreme-court-doesnt-care-if...
* U.S. Supreme Court declines to hear dispute over copyrights for AI-generated material https://www.cnbc.com/2026/03/02/us-supreme-court-declines-to...
* AI-generated art can’t be copyrighted after Supreme Court declines to review the rule https://www.theverge.com/policy/887678/supreme-court-ai-art-...