Do you own the copyrights to texts or other works generated by ChatGPT? This question is increasingly being asked during lectures and webinars on copyright and AI, particularly ChatGPT.

Here is the answer as of today, since license agreements can change. Moreover, as you may have seen from my posts, there are ongoing court cases regarding AI and copyright. So, legislation will be changing.

📌 Let’s take ChatGPT, developed by #OpenAI, LLC (USA), as an example. According to OpenAI’s Terms of Use (https://openai.com/policies/terms-of-use), the most recent version includes the following provision:

Section 3(a): The user owns the output, and OpenAI assigns to them all its rights, title, and interest in that output. You have the right to use the generated content for any purpose, including commercial uses such as sale or publication, subject to the Terms.

✅ So, #OpenAI explicitly acknowledges itself as the rightsholder of the generated data, which it transfers to the user through a public license. Under U.S. law and OpenAI’s terms, you are the owner of the content and may use it without restriction.

As for Ukraine, a brief clarification without deep legal analysis.

💡 The applicable law is:

• the country of the service provider (para. 8 part 1 art. 44 of the Law of Ukraine “On Private International Law”);

• the country of the licensor (para. 20 part 1 art. 44 of the same law);

• 🤖 #ChatGPT and #Copyright: is the #content mine or #OpenAI’s?the country of the lessor — in the case of leasing (para. 5 part 1 art. 44).

📚 We are interested in the country of the service provider (hosting) and the owner — the USA. That means users from Ukraine fall under U.S. law. According to the license agreement, YOU are the OWNER of the #CONTENT.

🔗 For those who want to study the issue in more depth:

Law of Ukraine “On Copyright and Related Rights”

Law of Ukraine “On Private International Law” – Article 44