Who owns the rights to code written by AI?

Generative tools entered engineering teams faster than the law managed to describe it. The question of rights to AI-generated code and content is becoming part of due diligence.

When part of the code is created with the help of generative tools, a question arises that was theoretical only a few years ago: whether and to whom the rights to such outputs belong — and whether they’ll sit inside the company.

Where the real risk is

The risk rarely lies in the mere fact of using AI. It lies in the tools’ licence terms, in the origin of the training data, and in whether agreements with creators cover outputs produced with the help of such tools.

• Check the licence terms of the AI tools used
• Verify whether agreements with the team cover AI-assisted outputs
• Set a policy for using generative tools
• Document the origin of key elements of the technology

Practical advice: treat AI like any other contributor in the rights chain. If you know where every significant element comes from and on what basis it’s in the company, you’re in a much better position than most.