Also, IANAL, but under U.S. copyright law, the weights of machine learning models are excluded from copyright as they are the product of an automated optimization process (e.g., stochastic gradient descent, expectation maximization, genetic algorithms) rather than human authorship. Granted, this has yet to be fully tested in court and going to court is expensive, so it's likely that your employer would prefer to err on the side of caution and respect such attempts at model licensing anyway, similar to how one might treat a ToS agreement. Nonetheless, this was partially tested last year in Thaler v. Perlmutter which affirmed that copyright requires human authorship, reading the Copyright Act's provisions on ownership, duration, and transferability as presupposing a human author[1].

If you want to assess the position of the U.S. Copyright Office for yourself, the relevant text can be found in the Compendium of U.S. Copyright Office Practices § 313.2, "Works That Lack Human Authorship"[2], which states:

> […] the Copyright Act protects “original works of authorship.” 17 U.S.C. § 102(a) (emphasis added). To qualify as a work of “authorship” a work must be created by a human being. See Burrow-Giles Lithographic Co., 111 U.S. at 58. Works that do not satisfy this requirement are not copyrightable.

> […] the Office will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author. The crucial question is “whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were actually conceived and executed not by man but by a machine.” U.S. COPYRIGHT OFFICE, REPORT TO THE LIBRARIAN OF CONGRESS BY THE REGISTER OF COPYRIGHTS 5 (1965).

Oh, and there's also a bit in the following Section 313.3, "Works That Do Not Constitute Copyrightable Subject Matter"[2], which explicitly excludes mathematical principles, formulas, algorithms, and equations, along with DNA sequences and other genetic or chemical compounds, regardless of whether they are produced by humans or by nature. If one takes the perspective that machine learning models are algorithms, the conclusions on copyrightability are pretty clear.

[1] https://media.cadc.uscourts.gov/opinions/docs/2025/03/23-523...

[2] https://www.copyright.gov/comp3/chap300/ch300-copyrightable-...

Muse Spark Open