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Authorship and Copyright Ownership of Code Generated in AI-Based Software Development

  • Journal of Software Forensics
  • Abbr : JSF
  • 2026, 22(2), pp.13~20
  • DOI : 10.29056/jsf.2026.06.02
  • Publisher : Korea Software Assessment and Valuation Society
  • Research Area : Engineering > Computer Science
  • Received : June 6, 2026
  • Accepted : June 20, 2026
  • Published : June 30, 2026

Kim Si Yeol 1

1전주대학교

Accredited

ABSTRACT

The proliferation of AI coding tools poses a new challenge for determining copyright infringement in computer programs, particularly at the filtration step of the substantial similarity analysis. Because AI-generated code lacks human creativity, it is not protectable and is filtered out; yet in practice, human-authored and AI-generated portions are so intermingled that separating them is exceedingly difficult. The article finds the resulting problems fall into two categories: those that exacerbate existing issues and those specific to artificial intelligence. To address them, it proposes reinforcing the conventional filtration process, recalibrating the concept of reliance, and broadening the scope of comparison.

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