Talks - Alla Barbalat: AI, IP, and Your Code: What Developers Need to Know

AI cannot hold copyright as it is not considered a human author - any content purely generated by AI is not copyrightable

Copyright protects creative expression but not ideas or algorithms. Software code is considered a literary work for copyright purposes

When using AI-generated code:

• Use code you fully understand and can maintain
• Document AI-generated portions
• Perform automated code audits
• Follow employer guidelines on AI usage
• Be cautious with larger code snippets that may copy protected work
• Consider licensing implications, especially with open source code

Training data for AI models raises copyright concerns:

• Questions about copyright infringement during model training
• Lack of transparency around training data sources
• Potential inclusion of copyrighted/licensed code without attribution
• Economic impact on original creators

Software licensing considerations:

• Permissive licenses (MIT, Apache) allow more flexible use
• Copyleft licenses (GPL) require maintaining same license terms
• Need to track and comply with license requirements
• Risk of unintentionally incorporating licensed code through AI tools

Best practices for AI code usage:

• Use smaller code snippets to reduce copying risk
• Implement source code analysis tools
• Document sources and licenses
• Review code carefully during code reviews
• Understand indemnification terms from AI providers

Fair use doctrine applies to AI training but remains legally uncertain:

• Transformative use vs direct copying
• Economic impact on creators
• Multiple ongoing lawsuits will help clarify legal boundaries