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Client wants full copyright to ChatGPT outputs I generated - do they have a case?

Started by content_creator_jane · Nov 22, 2025 · 5 replies
For informational purposes only. Not legal advice.
CJ
content_creator_jane OP

ok so i need some help understanding this situation. I'm a freelance copywriter and I was hired to write marketing copy for a startup - landing pages, email sequences, social media posts etc. Standard project, $4,500 total.

I used ChatGPT to help draft some of the initial copy, then rewrote and edited everything myself. Probably 60% my writing, 40% AI-assisted. Never hid this - lots of writers use AI tools now.

Client found out (I think someone told them?) and now theyre demanding I sign over "full copyright" to all the content AND threatening to withhold final payment. Their argument is that since AI generated part of it, there's no copyright to begin with, so I "misrepresented" the work.

My contract just says I deliver "original marketing copy" and they get usage rights. Nothing about AI tools or work-for-hire. Do they have a legal leg to stand on here??

IA
IP_Attorney Attorney

This is a fascinating evolving area of law. Let me break down the issues:

On copyright of AI-assisted content: The US Copyright Office has stated that purely AI-generated content is not copyrightable due to lack of human authorship. HOWEVER, content that involves substantial human creative contribution - like your editing, rewriting, and creative direction - likely retains copyright protection for those human elements. The Copyright Office has been reviewing these cases individually.

On your contract: "Original marketing copy" is ambiguous. Does "original" mean you didn't copy from existing sources, or that zero AI was used? Most courts would likely interpret this as the former - that you're not plagiarizing existing work. AI-assisted writing is a tool, like Grammarly or spell-check.

Their actual position: They're conflating two separate issues. Whether they own the copyright (contract issue) vs. whether copyright exists at all (Copyright Office issue). Even if portions aren't copyrightable, that doesn't mean they automatically own it - it means potentially nobody can claim exclusive rights to those portions.

My advice: Don't sign anything new. Your contract gave them usage rights to deliverables. You fulfilled that. They owe you payment for work delivered.

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AIContentDebate

gonna play devils advocate here. i see both sides tbh

on one hand - yeah using chatgpt is basically a tool and tons of writers do it now. if u substantially edited the output its arguably ur creative work. client got what they paid for.

on the other hand - if the client specifically wanted human-written copy and would have paid less (or not hired at all) for AI-assisted work, theres an argument u shouldve disclosed upfront. even if not legally required it's kinda an ethics thing?

either way withholding payment is probably not legal if u delivered what the contract specified. they can be mad about the AI thing but that doesnt mean they dont owe u money

CJ
content_creator_jane OP

@IP_Attorney thank you, thats really helpful. To clarify - they never asked about AI during the project and my contract doesnt mention it. I wasnt trying to hide anything, it just... never came up? Like I said I rewrote everything substantially, the AI was more like brainstorming/first draft help.

@AIContentDebate yeah i hear u on the ethics thing. honestly going forward im gonna add something to my contracts about AI tools being used. lesson learned i guess

Still not sure what to do about the payment tho. $1,500 still owed and they're ghosting my invoices now

TL
techlaw_reader

hey fyi theres a good article on terms.law blog about exactly this - AI Content Copyright for Freelancers. covers the openai TOS angle too which is relevant since technically openai assigns output ownership to the user (you) in their terms

doesnt solve ur payment issue but might help understand the copyright stuff better

IA
IP_Attorney Attorney

@content_creator_jane For the $1,500 - send a formal demand letter citing your contract and the delivered work. Give them 14 days to pay. If they don't, small claims court is designed exactly for this amount range and you don't need a lawyer.

Their "AI copyright" argument won't hold up as a defense for non-payment. You provided services, they accepted the deliverables (presumably they're using the copy?), they owe payment per contract terms. How you created the work is a separate issue from whether they owe you for it.

And yes - everyone using AI in client work should update their contracts ASAP. Either disclose tool usage or explicitly reserve the right to use AI assistance. The law hasn't caught up yet so clear contracts are your best protection on both sides.

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