Even before getting into the copyrightability of code, at the very least, any LLM-produced parts are not copyrightable. They are public domain.
That said, if its a mix of LLM code and human code, things get pretty messy. From my understanding, if the human expanded on or modified AI code, its public domain. If they wrote a section fully independently, they absolutely own the copyright. If its an unclear mix, it would have to be proven on a case-by-case basis with the onus being on the AI user to provide solid evidence that the code copied isn’t AI generated.
Even before getting into the copyrightability of code, at the very least, any LLM-produced parts are not copyrightable. They are public domain.
That said, if its a mix of LLM code and human code, things get pretty messy. From my understanding, if the human expanded on or modified AI code, its public domain. If they wrote a section fully independently, they absolutely own the copyright. If its an unclear mix, it would have to be proven on a case-by-case basis with the onus being on the AI user to provide solid evidence that the code copied isn’t AI generated.