GitHub Copilot Terms Review

Item: GitHub Copilot Terms
Rating: 52
Author: Terms.Law Editorial Team

GitHub Copilot revolutionized AI-assisted coding, but its terms raise important questions about code ownership, license contamination, and when AI suggestions might reproduce copyrighted code. Business tier offers indemnification; Individual does not.

📅 Last Updated: January 27, 2026

📄 ToS Version: Jan 2026

⚠ 4 High-Risk Clauses

0100

Grade C

Consumer Fairness Index

📈 3 points below category avg (55)

Score Breakdown by Category

How GitHub Copilot's terms rate across my evaluation categories.

🔒 Data & Privacy Rights (25%) 45/100

📝 Output Ownership (25%) 40/100

👁 Transparency & Notice (20%) 45/100

🛡 Liability & Indemnification (15%) 38/100

⚖ Dispute Resolution (15%) 42/100

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⚠ Key Clauses to Watch

Critical provisions for developers using GitHub Copilot.

Code Matching Risk

High Risk

Copilot may suggest code that closely matches existing copyrighted code. While GitHub added a filter, it's not foolproof. You could unknowingly include GPL or other licensed code in proprietary projects.

"Suggestions may sometimes match code in the training set. You are responsible for ensuring any code you use complies with applicable licenses." GitHub Copilot Terms

Individual Plan: No Indemnification

High Risk

GitHub Copilot Individual provides no IP indemnification. If you're sued for copyright infringement from Copilot suggestions, you're on your own. Only Business/Enterprise plans include indemnification.

"GitHub Copilot Business includes an IP indemnification provision. This protection is not available for Copilot Individual subscribers." GitHub Copilot for Business FAQ

Telemetry and Data Collection

Medium Risk

Copilot collects usage data including code snippets for product improvement. Business plans offer more control; Individual plans have limited opt-out for certain data collection.

"We collect user engagement data, code snippets, and suggestions to improve the service. Business users have additional privacy controls." GitHub Copilot Privacy Statement

Training on Public Code

Medium Risk

Copilot was trained on public GitHub repositories, including code under various licenses. The legal status of this training remains contested and could affect users.

"Copilot was trained on natural language text and source code from publicly available sources, including code in public repositories on GitHub." GitHub Copilot Documentation

Analysis

"GitHub Copilot presents a significant legal gray area for developers. The lack of indemnification on Individual plans is a major gap - if Copilot suggests code that triggers a GPL violation or copyright claim, individual developers have no protection.

The code matching filter helps but isn't a complete solution. I've seen Copilot suggest near-exact matches to Stack Overflow answers and open-source libraries. Developers should treat all Copilot suggestions as potentially requiring license verification.

My recommendation: For professional use, strongly consider Copilot Business with its indemnification. For open-source projects, be especially careful about license contamination. Always review Copilot suggestions before committing, particularly for core functionality."

GitHub Copilot Terms Review

Score Breakdown by Category

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💻 Developer Legal Questions?

⚠ Key Clauses to Watch

Code Matching Risk

Individual Plan: No Indemnification

Telemetry and Data Collection

Training on Public Code

Analysis

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GitHub Copilot Terms Review

Score Breakdown by Category

Compare With Other AI Services

💻 Developer Legal Questions?

Related Resources

⚠ Key Clauses to Watch

Code Matching Risk

Individual Plan: No Indemnification

Telemetry and Data Collection

Training on Public Code

Analysis

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