> 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...
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.
AI generated code has no copyright. And if it DID somehow have copyright, it wouldn't be yours. It would belong to the code it was "trained" on. The code it algorithmically copied. You're trying to have your cake, and eat it too. You could maybe claim your prompts are copyrighted, but that's not what leaked. The AI generated code leaked.
> the Copyright Office concludes that existing legal doctrines are adequate and appropriate to resolve questions of copyrightability. Copyright law has long adapted to new technology and can enable case-by- case determinations as to whether AI-generated outputs reflect sufficient human contribution to warrant copyright protection. As described above, in many circumstances these outputs will be copyrightable in whole or in part—where AI is used as a tool, and where a human has been able to determine the expressive elements they contain. Prompts alone, however, at this stage are unlikely to satisfy those requirements.
So the TL;DR basically implies pure slop within the current guidelines outlined in conclusions is NOT copyrightable. However collaboration with an AI copyrightability is determined on a case by case basis. I will preface this all with the standard IANAL, I could be wrong etc, but with the concluding language using "unlikely" copyrightable for slop it sounds less cut and dry than you imply.