Company claiming ownership of AI-assisted code I wrote on personal time with personal subscriptions

I publish illustrative scenarios prepared by my practice. All participants and conversations are fictional. The fictional posts are not posts by real users, accounts of client experiences, or reports of actual results.
Illustrative scenario prepared by my practice.
For informational purposes only. IP and employment law is jurisdiction-specific and fact-dependent. Consult a qualified IP or employment attorney for advice specific to your situation.
Hypothetical question

I'm a senior software developer at a mid-size SaaS company in San Francisco. Over the past 6 months I used GitHub Copilot and Claude Code extensively — both for my work projects and for a personal side project I've been building on evenings and weekends.

Here's where it gets messy: my company recently updated their IP policy and is now claiming that ALL code I wrote with AI assistance — including my personal side project — is company intellectual property. Their argument is:

  1. The company's codebase was used as "training context" by the AI tools (since Copilot and Claude see open files)
  2. Therefore any AI output is a "derivative work" of company IP
  3. Since I used the same AI tools for both work and personal projects, there's "commingling"

My counterargument:

  • I used my personal GitHub Copilot subscription ($19/mo) and my personal Claude Pro subscription
  • I worked on my side project exclusively on my personal laptop at home, after hours
  • My side project is in a completely different domain (fitness tracking app) than my employer's product (B2B analytics)
  • I never shared company code with the AI tools while working on my personal project

They've sent me a formal letter demanding I assign all rights to the side project to the company and cease development. Before I respond, I need to understand my legal position. This is in California.

Illustrative response

AI-generated content copyright is still unsettled. The Copyright Office has said AI output without meaningful human creative input can't be copyrighted. But if you substantially modify or curate the AI output, there might be a human authorship argument.