alt Hacker NewsThis project has zero chance of being eligible for copyright:
> Nearly all of the code, the design docs, and this README were written by Claude
The only way courts will deem LLM output to be copyrightable is if there is substantial human input. Just orchestrating agents won't be enough.
We disagree.
Copyright in compilation would be sufficient alone, requiring no new laws, to my reading. In particular:
https://en.wikipedia.org/wiki/Copyright_in_compilation
> In the copyright law in the United States, such copyright may exist when the materials in the compilation (or "collective work") are selected, coordinated, or arranged creatively such that a new work is produced. Copyright does not exist when content is compiled without creativity, such as in the production of a telephone directory. In the case of compilation copyright, the compiler does not receive copyright in the underlying material, but only in the selection, coordination, or arrangement of that material.
All my experience seeing orgs ship real production code with the assistance of AI over months/many-thousands-of-commits shows that the skill not only lies in what context you choose to provide in the first place (product and technical specifications, design guidelines, prompting process with the model(s)), but also in how to effectively review and test all of it, which is still done with human direction throughout. This is why people with no experience in coding can't do with AI what an industry veteran with 20 years shipping to production can.
In any case, I think existing reading of copyright law will be sufficient to say that large AI-driven software projects are a process of orchestration and also of curation in selecting what actually gets committed (or, if commit-by-default is enabled, then what to revert). This may not always be true in the future, though, as capabilities increase...one part of me thinks you could just do random stuff like "Make me an excel except every cell is a powerpoint presentation" and a good enough AI would reason through and produce something without further input. But I think in most cases, folks have a real set of requirements in mind, and get all of them into the AI through a process of iteration in various ways. I think that's real work that requires skill and, in many cases, creativity, at least in the sense that someone else walking up to the same tool and prompting on their own would produce a very different output than you'd see if you asked the same person to retry the same project.
Time will tell.