Output from code generation features may carry third party licenses
Output from OpenAI's code generation features, including Codex, may be subject to third party licenses, including open source licenses. The text says only that this may be so; it does not say which licenses apply to any given output.
Supporting quotations
Output generated by code generation features of our Services, including
may be subject to third party licenses, including, without limitation, open source licenses.
Qualifications & exceptions
The wording is 'may be subject to', not a statement that a license always applies.
Not stated here
Which third party licenses attach to particular Output is not stated.
Content & IP Rights · Context
GPTs are customized versions of ChatGPT that users create and share
The Service Terms describe GPTs as customized versions of ChatGPT that users can create and share access to. The following paragraphs split the rules between people who build GPTs and people who use them.
Supporting quotations
Users can create and share access to their own customized versions of ChatGPT called “GPTs”.
Qualifications & exceptions
The rules that follow are grouped under 'For Builders of GPTs' and 'For Users of GPTs'.
Content & IP Rights · Company commitment
GPT builders own their GPT Content and are solely responsible for it
What a builder uploads to or includes with a GPT, such as its name, instructions and description, is called GPT Content and is the builder's own Content. As between the builder and OpenAI, the builder is solely responsible for that GPT Content, for the Actions and configurations used or enabled to create the GPT, and for any Output based on them. The builder must also make sure the GPT complies with the Agreement and OpenAI's Usage Policies.
Supporting quotations
The information or content that you upload to or include with your GPT (for example your GPT name, instructions, and description) (“GPT Content”) is your Content.
As between you and OpenAI, you are solely responsible for your GPT Content, Actions, and configurations that you use or enable to create your GPT as well as any Output that is based on your GPT Content, Actions, and configurations.
You must ensure your GPT complies with the Agreement and our
For purposes of these Terms, “Content” includes “Customer Content.”
Qualifications & exceptions
Responsibility is stated 'as between you and OpenAI', so it does not by its terms address claims by third parties.
Applies to people who build GPTs.
Not stated here
The Usage Policies and the Agreement are not supplied in this source.
Content & IP Rights · Permission or license
Sharing a GPT grants OpenAI and users a broad, irrevocable license
By sharing a GPT with others, the builder grants a nonexclusive, worldwide, irrevocable, royalty-free license. To OpenAI, it covers using, testing, storing, copying, translating, displaying, modifying, distributing, promoting and otherwise making available to other users all or any part of the GPT, including its GPT Content. To users of the GPT, to the extent Output from the GPT includes the builder's GPT Content, it covers using, storing, copying, displaying, distributing, preparing derivative works of and otherwise using that GPT Content.
Supporting quotations
By sharing your GPT with others, you grant a nonexclusive, worldwide, irrevocable, royalty-free license:
(i) to OpenAI to use, test, store, copy, translate, display, modify, distribute, promote, and otherwise make available to other users all or any part of your GPT (including GPT Content)
(ii) to the extent Output from your GPT includes your GPT Content, to users of your GPT to use, store, copy, display, distribute, prepare derivative works of and otherwise use your GPT Content.
Qualifications & exceptions
The license is triggered by sharing the GPT with others.
The license to users reaches GPT Content only to the extent Output from the GPT includes it.
Not stated here
The source does not say whether the license continues after a GPT is removed or the builder stops sharing, beyond describing it as irrevocable.
Content & IP Rights · Restriction or exception
Visual Capabilities cannot be used to identify people or infer private information
OpenAI's models can accept images and videos as Inputs; the text calls this Visual Capabilities. A user may not use them to help identify a person, or to solicit or infer private or sensitive information about a person. A user also may not use them to reproduce a person's likeness without express consent and all necessary rights.
Supporting quotations
Our models can accept images and videos as part of Inputs to the Services (“Visual Capabilities”).
You may not use Visual Capabilities to assist in identifying a person nor to solicit or infer private or sensitive information about a person.
You may not use Visual Capabilities to reproduce the likeness of any person without express consent and all necessary rights.
Qualifications & exceptions
The likeness restriction has an exception for use with express consent and all necessary rights; the identification and private-information restriction has no stated exception.
Not stated here
The source does not say how these restrictions are checked or enforced.
Content & IP Rights · Permission or license
Sharing an image or video publicly gives OpenAI rights to use and promote it
If a user chooses to share an image or video publicly on the Services, such as to the Sora feed or by uploading it to create a Sora cameo, the user represents having all necessary rights and gives OpenAI the right to reproduce, distribute, modify, display and perform it for the purpose of operating and promoting the Services.
Supporting quotations
By choosing to share an image or video publicly on the Services, such as by sharing it to the Sora feed or uploading it to create a Sora cameo, you represent you have all necessary rights, and you give OpenAI the right to reproduce, distribute, modify, display and perform it for the purpose of operating and promoting the Services.
Qualifications & exceptions
Triggered by choosing to share publicly on the Services, including the examples given.
Not stated here
The text does not say whether uploads that are not shared publicly are covered by this particular grant.
Content & IP Rights · Permission or license
Other users get a limited right to reproduce and remix publicly shared media
A user who shares an image or video publicly also agrees to give other users the limited right to reproduce and remix that content only on the Services. Uploading a cameo or sharing an image or video does not give other users any rights to use those materials outside the Services.
Supporting quotations
You also agree to give users the limited right to reproduce and remix that content solely on the Services.
Uploading a cameo or sharing an image or video does not give other users any rights to use those materials outside of the Services.
Qualifications & exceptions
The right is limited and applies solely on the Services.
Not stated here
The source does not describe how a user can end sharing or whether remixes survive removal.
Content & IP Rights · Restriction or exception
ChatGPT Voice Output is non-commercial only and not covered by assigned Output rights
Voice conversations let a user speak to OpenAI's models and have them speak back; the spoken result is called ChatGPT Voice Output. It is for non-commercial use only and may not be distributed or repackaged as a standalone audio recording or any other sound file. Any rights in Output that are assigned to the user do not include ChatGPT Voice Output.
Supporting quotations
Voice conversations is a ChatGPT feature that allows you to speak to our models and have them speak back (“ChatGPT Voice Output”).
ChatGPT Voice Output is for non-commercial use only and may not be distributed or repackaged as a standalone audio recording or any other sound file.
Any rights in Output assigned to you do not include ChatGPT Voice Output.
Qualifications & exceptions
The limit applies to ChatGPT Voice Output, not to text Output.
The assignment of Output rights it refers to is described in the Agreement, not here.
Not stated here
The text does not define non-commercial use or say how the limit is enforced.
The Agreement's Output-rights terms are not supplied.
Content & IP Rights · Permission or license
Licensed Materials: limited, non-transferable license to run delivered software on Customer Systems
Some OpenAI Services involve the Customer downloading and installing software, packages, code, containers or other modules, called Licensed Materials, on local machines, private cloud infrastructure or other customer-managed systems, called Customer Systems. During the Term, OpenAI grants the Customer a limited, non-exclusive license to copy, install and use the Licensed Materials solely on Customer Systems and in accordance with the Agreement. The license cannot be transferred, except with a permitted assignment, and cannot be sublicensed, and it ends at the end of the Term or on written notice to the Customer.
Supporting quotations
Some OpenAI Services may involve Customer downloading and installing software, packages, code, containers, or other modules that are delivered as source code, object code, data, and/or other works (“Licensed Materials”) on local machines, private cloud infrastructure, or other customer-managed systems (“Customer Systems”).
OpenAI hereby grants to Customer during the Term a limited non-exclusive license to copy, install, and use the Licensed Materials solely on Customer Systems and in accordance with the Agreement.
This license is non-transferable (except in connection with a permitted assignment) and non-sublicensable and will terminate at the end of the Term or upon written notice to Customer.
or other agreement you have with us governing your use of the Services (“Agreement”).
Qualifications & exceptions
Applies to Customers, to the Licensed Materials, and to use on Customer Systems only.
The license can end at the end of the Term or on written notice.
Not stated here
The Term is not defined in this source.
The text does not say which Services involve Licensed Materials or what conditions govern a notice of termination.
Content & IP Rights · Restriction or exception
Licensed Materials cannot be modified, redistributed or sublicensed; open source licenses can override
The Customer may not modify, redistribute or sublicense the Licensed Materials. If a component of the Licensed Materials is offered under an open source license, and that license grants the Customer additional rights, those provisions expressly override some terms of the Agreement for that component only.
Supporting quotations
You may not modify, redistribute, or sublicense the Licensed Materials.
If any component of the Licensed Materials are offered under an open source license, to the extent the provisions of that license grant Customer additional rights, those provisions will expressly override some terms of the Agreement solely with respect to that component of the Software.
Qualifications & exceptions
The override applies only to the extent the open source license grants additional rights and only for that component.
Not stated here
The text refers to 'the Software' without defining it, and does not say which Agreement terms the override affects.
Content & IP Rights · Restriction or exception
Licensed Materials may be used only with the Services, within the Services' restrictions and documentation
Licensed Materials may be used only in connection with the permitted use of the Services under the Agreement, in line with any restrictions that apply to the Services generally and with applicable documentation, and solely to use them with or connect them to the Services. A person who does not agree to these terms, or who lacks authority to agree to the Licensed Materials Agreement for the Customer, may not view or use them.
Supporting quotations
You may not use the Licensed Materials except in connection with your permitted use of the Services in accordance with the Agreement.
Your use of the Licensed Materials must comply at all times with any restrictions applicable to the Services, generally, and must be used in accordance with any applicable documentation.
If you do not agree to these terms, or if you do not have the requisite authority to agree to the Licensed Materials Agreement on behalf of the Customer, you may not view or use the Licensed Materials.
Qualifications & exceptions
Use is tied to permitted use of the Services and to applicable documentation.
Not stated here
The 'Licensed Materials Agreement' is not defined or supplied in this source.