Who Owns GitHub Copilot's Code? Microsoft Terms of Service Explained

Q: Can I use Copilot-generated code in commercial products?

Yes. GitHub's terms permit commercial use of code written with Copilot. However, you should enable the duplicate detection filter and consider Copilot Business for IP indemnification.

Q: Does Microsoft own code I write with Copilot?

No. GitHub explicitly disclaims ownership. Your Content (including code) remains yours. Copilot suggestions are provided to you, not claimed by Microsoft.

Q: Is my code used to train Copilot?

Depends on your plan and settings. Copilot Business/Enterprise: Never trained on your code. Copilot Individual: Opt-out available in settings.

📋 What GitHub's Terms Actually Say

Unlike consumer AI chatbots, GitHub Copilot operates as a coding assistant integrated into your IDE. The terms are found in GitHub's Terms of Service and the Copilot-specific product terms.

"GitHub does not claim any ownership rights to Your Content. You retain ownership of any intellectual property rights that you hold in Your Content."
GitHub Terms of Service, Section D.3

Key Points from the Terms

No ownership claim: GitHub explicitly disclaims ownership of code you create, including with Copilot assistance
Your Content remains yours: Code written in your IDE belongs to you
Suggestions are licensed, not owned: Copilot provides suggestions that you choose to accept or modify
Telemetry considerations: Code snippets may be collected for product improvement (configurable)

ℹ️

Business vs Individual: Copilot Business and Enterprise plans offer additional privacy protections, including no code retention for training purposes.

📊 Copilot Plans Comparison

Feature	Individual ($10/mo)	Business ($19/mo)	Enterprise ($39/mo)
Code Ownership	✓ Yours	✓ Yours	✓ Yours
Commercial Use	✓ Allowed	✓ Allowed	✓ Allowed
Code Used for Training	⚠ Opt-out available	✓ Never	✓ Never
IP Indemnification	✗ None	✓ Included	✓ Included
License Filter	✓ Available	✓ Available	✓ Available

⚠️ The Open Source Code Risk

The biggest legal concern with GitHub Copilot isn't Microsoft's terms—it's the risk that Copilot suggests code that matches existing open-source repositories.

⚠️

Copilot was trained on public GitHub repos, including those with GPL, LGPL, and other copyleft licenses. If Copilot suggests code that substantially matches GPL-licensed code, you may be required to release your entire codebase under GPL.

How to Mitigate This Risk

Enable the duplicate detection filter: In Copilot settings, enable "Block suggestions matching public code"
Review suggestions carefully: Don't blindly accept large code blocks
Use Copilot Business/Enterprise: Includes IP indemnification from Microsoft
Run license scanning tools: Tools like FOSSA or Black Duck can detect copied code
Modify suggestions: Substantially changing suggested code reduces infringement risk

✓

Good news: Microsoft added IP indemnification for Copilot Business/Enterprise in late 2023. If you're sued for using Copilot suggestions, Microsoft will defend you and pay damages (subject to conditions).

📜 Copyright Protection for Copilot Code

Whether code written with Copilot assistance is copyrightable depends on your level of creative contribution:

Scenario	Copyright Status	Protection Level
Accept Copilot suggestion verbatim	Uncertain	Weak - no human authorship
Modify suggestion substantially	Likely protected	Your modifications protected
Use Copilot for boilerplate only	Mixed	Original portions protected
Write code, Copilot autocompletes	Protected	Strong - primarily human work

💡

Best Practice: Treat Copilot like Stack Overflow—use it for inspiration and starting points, but add your own logic and structure. This maximizes both code quality and copyright protection.

❓ Frequently Asked Questions

Can I use Copilot-generated code in commercial products? ▼

Yes. GitHub's terms permit commercial use of code written with Copilot. However, you should enable the duplicate detection filter and consider Copilot Business for IP indemnification.

Does Microsoft own code I write with Copilot? ▼

No. GitHub explicitly disclaims ownership. "Your Content" (including code) remains yours. Copilot suggestions are provided to you, not claimed by Microsoft.

What about the class action lawsuit against Copilot? ▼

A class action was filed in 2022 alleging Copilot violates open-source licenses by not providing attribution. As of 2025, most claims have been dismissed, but litigation continues. This doesn't directly affect users—it's about GitHub's training practices.

Should I use Copilot Individual or Business? ▼

For professional/commercial work, use Business or Enterprise. The IP indemnification alone justifies the cost difference. For personal projects and learning, Individual is fine.

Is my code used to train Copilot? ▼

Depends on your plan and settings. Copilot Business/Enterprise: Never trained on your code. Copilot Individual: Opt-out available in settings. By default, telemetry is enabled but can be disabled.

Who Owns GitHub Copilot's Code?