As of early 2023, the creative nature of new AI tools is sparking discussions about current US laws that may apply to them, primarily around limitations that only grant copyright protection for works created by humans. ChatGPT is a key part of this discussion. As a machine learning program, ChatGPT was trained on multiple texts from different sources, a large number of which were open texts licensed under Creative Commons, including Wikipedia. This article aims to analyze how ChatGPT and other similar tools interact with current US copyright laws. However, given that this is an evolving topic, and several cases were still pending at the time of publication, if this article is read much later than the date it was written, it will likely be out of date.

Some other jurisdictions such as the UK have a completely different view on the matter.