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The Fast-Moving Nature of Software Development
Software development moves fast. Whether you’re a solo developer, part of a growing tech team, or leading a startup, you’re probably used to building on existing ideas, reusing open-source tools, or learning from what others have already done. That’s the nature of development today — collaborative, fast-paced, and global. But in the UK, it’s also subject to one of the most established and enforceable legal protections: copyright.
Copyright Protection for Code Under UK Law
Code is protected under UK law as a form of literary work. That means from the moment it’s written — whether it’s a single function or a complete platform — it carries copyright protection automatically. There’s no registration process. There’s no need to publish it or place a copyright symbol in the file header. As soon as the code is fixed in a tangible form, it’s protected under the Copyright, Designs and Patents Act 1988.
This protection gives the author (or the employer, if written in the course of employment) the exclusive right to copy, adapt, distribute, or license the code. It also means that reusing someone else’s code without proper permission or licence can constitute infringement — even if it was unintentional.
The Risks of Reusing Third-Party Code
One of the most common challenges we see at Lawdit is startups incorporating code snippets from forums, tutorials, or GitHub repositories without fully understanding the licensing terms. Not all open-source licences are created equal. Some are highly permissive, like the MIT or Apache licences. Others, such as the GNU General Public License (GPL), come with strict requirements. Using GPL-licensed code in a commercial product, for example, could oblige you to release your own source code under the same licence. Failing to do so can lead to legal disputes, takedown requests, or reputational damage.
The Legal Challenges of AI Training Data
Another emerging area of concern relates to the use of data — including source code — to train artificial intelligence models. Although not directly about software code, the ongoing UK case between Getty Images and Stability AI [2025] EWHC 38 (Ch) raises important legal questions. Getty has claimed that its copyrighted images were scraped and used without authorisation to train AI systems like Stable Diffusion. The case, currently before the High Court in London, is likely to influence how UK courts treat the use of copyrighted content — whether images, text, or code — in AI development. Developers working with AI tools need to be particularly mindful of where training data or code samples originate, and whether they were lawfully sourced.
A Landmark Case: IBM UK v LzLabs
More directly relevant to software itself is the case of IBM UK v LzLabs [2025] EWHC 532 (TCC), decided in early 2025. IBM sued after discovering that its licensed mainframe software had been reverse engineered and used to build a competing platform. The court found that LzLabs had breached both the licence terms and IBM’s copyright, ordering the infringing software to be withdrawn and awarding significant remedies. The case underscored that while UK and EU law allow limited decompilation of software for interoperability purposes, any copying beyond what is strictly necessary — especially for competitive advantage — is likely to be unlawful.
Common Ways Infringement Occurs
So how do problems usually arise? Sometimes it’s a simple oversight. A junior developer pulls code from an old project they worked on for a former employer. A contractor includes a third-party library without flagging the licence. A small team uses AI-generated code without knowing the source material may have included copyrighted content. These things aren’t always malicious, but they can still lead to claims.
What to Do If Your Code Is Infringed
If you believe someone is using your code without permission, your first step is to document your authorship — usually through version control logs, original files, or contracts if the work was done on commission. From there, we can help assess your options. Sometimes a polite but formal notice is enough to stop the unauthorised use. In more serious cases, enforcement may require a takedown request, or in rare situations, legal action through the Intellectual Property Enterprise Court.
Responding to Infringement Allegations
If you’re on the receiving end of an infringement allegation, it’s important not to panic or ignore it. The key is to understand the scope of the claim, review your use of the code, and respond appropriately. We’ve assisted clients in successfully defending claims by showing that code was developed independently, or that its use was permitted under a valid open-source licence. Often, disputes can be resolved quickly and discreetly when approached correctly.
Copyright Remains Critical in Tech Law
Technology law continues to evolve, but copyright remains one of its clearest areas. The rules are well established, and while they may seem technical, the consequences are real — particularly for startups looking to scale or attract investors.
Conclusion
At Lawdit, we combine legal expertise with practical experience in the tech sector. Whether you need help understanding licensing terms, protecting your original code, responding to a claim, or just want peace of mind before launching your product, we’re here to help. We advise clients across software, AI, creative technology, and digital media — and we do it with a focus on clarity, commercial understanding, and plain English.
If you’re unsure where you stand, it’s better to ask early than react late. We’re happy to talk through your situation and help you find a clear, confident path forward.
To learn more, visit lawdit.co.uk or contact our team for an initial consultation.
