Navigating Your IP Rights in the Era of Vibe Coding

Vibe coding is a (very new) approach to development that helps users jump over potential technical barriers – but what might the cost be to you?

Vibe coding is revolutionising software development by enabling users to generate code through natural language prompts, and the approach could have far-reaching consequences. Apple and Google both have recently thrown their weight behind vibe coding with their own respective programmes, and Anthropic’s Claude model generates over 70% of the company’s code.

While this approach accelerates prototyping and fosters creativity, it introduces complexities regarding intellectual property (IP) rights. Under UK law, works generated by AI without clear human authorship fall under “computer-generated works,” attributing authorship to the individual who initiated the creation process. However, this area remains largely untested in courts, and protections are limited and inconsistent internationally. As AI tools evolve, however, it’s crucial for businesses to seek legal advice to safeguard their creations and navigate potential IP challenges.

What is Vibe Coding?

Vibe coding is an emerging approach to software development where users describe desired functionalities or design aesthetics in natural language, and AI tools (such as ChatGPT or the aforementioned Claude) generate the corresponding code.

So, rather than a user having to have years of coding experience, they can simply put in a prompt like these:

• “Create a chatbot that answers FAQs about our product using our documentation.”
• “Design a minimalist landing page inspired by Scandinavian aesthetics.”

And they get a result. This method is particularly beneficial for startups and creative teams aiming for rapid development and iteration.

How Does Vibe Coding Impact IP Rights?

The legal landscape surrounding vibe coding is still evolving, so a straight answer is difficult. In the UK, “computer-generated works” provisions exist for creations without identifiable human authors – and in such cases, the person who made the necessary arrangements for the creation (typically the user providing the prompt) is considered “the author”. However, this provision is largely untested in UK courts and offers limited and uncertain protection, with little consistent recognition internationally. This will change with time, but for now, it’s a developing field and still adapting to the ramifications of the new technology.

For a work to qualify for copyright protection, it must result from the author’s own intellectual creation, involving free and creative choices, not merely output dictated by technical constraints. This requirement is shaped by both UK case law and the influence of the EU Software Directive.

Should Businesses Be Concerned?

Relying solely on AI-generated content (in this case, code), without understanding the associated IP implications can pose risks. Given the current uncertainties in legal protections, businesses should be cautious before proceeding, and do the following:

• Seek legal advice early in the development process.
• Document the creation process meticulously.
• Stay informed about evolving IP laws related to AI-generated works.

By taking these steps, businesses can better protect their innovations and mitigate potential legal challenges. A little preparation now can save a lot of hassle later.

Overall

Vibe coding represents a significant shift in software development, offering speed and creativity. However, as the legal frameworks catch up with technological advancements, it’s imperative for businesses to approach AI-generated content with caution and informed legal guidance. And, when necessary, contact specialist IP lawyers like Briffa Legal to keep yourself protected.