Navigating Copyright in a New Era of AI-Generated Code

Matt Arnould headshotEditorial featured on the Business Reporter web site, July 31, 2023.

About the Author: Matthew Arnould is the General Counsel at Dynamo Software. Matt is responsible for overseeing and identifying the legal issues throughout all of Dynamo’s business units, while also being responsible for corporate governance and business policy. Matt is a seasoned legal and business advisor with strong financial acumen. Connect with Matt on LinkedIn.

Rapid expansion of generative artificial intelligence (“AI”) promises to revolutionize many industries, including software development. Generative AI refers to algorithms, such as large language models, that can autonomously create original content, including images, music, text, and – critically for software companies – source code, all without direct human intervention. While the advent of generative AI tools offers compelling opportunities for software innovation, it also raises critical legal concerns: Who owns machine-generated code?

Can competitors copy it? Does using AI-generated outputs constitute fair use under the Copyright Act, or infringement? How can software companies protect themselves?

As the General Counsel of a leading SaaS fintech platform, I am intimately involved in finding answers to these questions for my company and our sponsors. This article addresses the issues surrounding whether AI-generated code qualifies for copyright protection, and proposes solutions for software companies to navigate this complex issue.


Read the rest of the article at Business Reporter here.