In some jurisdictions (e.g. the UK) the law is already clear that you own the copyright. In the US it is almost certain that you will be the author. The reports of cases saying otherwise I have been misreported - the courts found the AI could not own the copyright.
Thaler v. Perlmutter: The D.C. Circuit Court affirmed in March 2025 that the Copyright Act requires works to be authored "in the first instance by a human being," a ruling the Supreme Court left intact by declining to hear the case in 2026.
And in the US constitution,
https://constitution.congress.gov/browse/article-1/section-8...
Authors and inventors, courts have ruled, means people. Only people. A monkey taking a selfie with your camera doesn't mean you own a copyright. An AI generating code with your computer is likewise, devoid of any copyright protection.
The ruling says that the LLM cannot be the author. It does not say that the human being using the LLM cannot be the author. The ruling was very clear that it did not address whether a human being was the copyright holder because Thaler waived that argument.
the position with a monkey using your camera is similar, and you may or may not hold the copyright depending on what you did - was it pure accident or did you set things up. Opinions on the well known case are mixed: https://en.wikipedia.org/wiki/Monkey_selfie_copyright_disput...
Where wildlife photographers deliberately set up a shot to be triggered automatically (e.g. by a bird flying through the focus) they do hold the copyright.
> The question is whether anyone has or if whatever content generated by a LLM simply does not constitute a work and is thus outside the entire copyright law.
Its is going to vary with copyright law. In the UK the question of computer generated works is addressed by copyright law and the answer is "the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken"
Its also not a simple case of LLM generated vs human authored. How much work did the human do? What creative input was there? How detailed were the prompts?
In jurisdictions where there are doubts about the question, I think code is a tricky one. If the argument that prompts are just instructions to generate code, therefore the code is not covered by copyright, then you could also argue that code is instructions to a compiler to generate code and the resulting binary is not covered by copyright.
[1] https://en.wikipedia.org/wiki/Monkey_selfie_copyright_disput...
It becomes legally challenging with regards to ownership if I ever use work equipment for a personal project. If it later takes off they could very well try to claim ownership in its entirety simply because I ran a test once (yes, there's a while silicon valley season for it).
I don't know if they'd win, but Anthropic absolutely would be able to claim the creation of that code was done on their hardware. Obviously we aren't employees of theirs, though we are customers that very likely never read what we agreed to in a signup flow.
Anthropic's user agreement does not have a similar agreement.
I don't know of ant precedent where the code was literally generated on someone else's system. Its an open question whether that implies any legal right to the work and I could pretty easily see a court accepting the case.
