What AI tool terms say about who owns the output

The terms are where a tool's maker says what you can do with its output. They're dull, but the ownership clause is usually short. Here's how to find it and what to look for.

Finding the right document

• Look for the terms that match you. Makers can have separate terms for consumers, businesses and different regions. Check which one your account is under.

• Search the page. Use your browser's find box for "output", "own", "assign", "licence" and "indemnify".

• Check for linked policies. The terms often point to a usage policy or business terms. Those count too.

• Save a dated copy. Terms change. A saved copy shows what applied when you made the work.

What to look for

• Who owns the output? OpenAI's terms say that, between you and the company, you "(a) retain your ownership rights in Input and (b) own the Output".¹ Anthropic's say "Subject to your compliance with our Terms, we assign to you all of our right, title, and interest" in outputs.²

• Is the grant limited? Both wordings carry limits. OpenAI's applies "to the extent permitted by applicable law". Anthropic's passes on its own rights only "if any" exist.¹²

• Do others get similar output? OpenAI's terms warn that other users may get similar output, and that its assignment doesn't reach their output.¹

• What do you promise about inputs? Anthropic's terms keep your rights in inputs "to the extent permitted by applicable law". Both makers ask you to confirm you have the rights to what you submit. See pasting other people's work into an AI tool.²¹

• Who carries the risk? Under OpenAI's terms, "If you are a business or organization", you indemnify the company. That means you cover it for third-party claims linked to your use.¹

• Must you check the output? OpenAI says "You must evaluate Output for accuracy and appropriateness for your use case". Anthropic says outputs "may contain material inaccuracies even if they appear accurate".¹²

What terms can't tell you

• Whether copyright exists at all. A clause can pass on whatever rights the maker has. It can't promise there are any. Wikipedia's summary of US Copyright Office guidance says works shaped wholly by a machine remain uncopyrightable.³ The ownership page goes further.

• Whether the output copies someone. That's a separate check, covered in the page on lookalike output.

A short routine

• Open the terms for your plan.
• Search for the words above and read each clause twice.
• Write down anything you don't follow, and ask the maker or a lawyer.
• Re-read when you change plan, or when the maker emails about new terms.

This page is general information, not legal advice.