OpenAI · Terms of Use (ROW)

Intellectual Property in User Content and AI Outputs

High severity
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What it is

You retain your ownership rights in your Content. We assign to you all right, title, and interest we may have in Output. You represent and warrant that your Content does not infringe, misappropriate, or violate a third party's rights.

Why it matters

While the ownership grant sounds user-friendly, the warranty that AI outputs don't infringe third-party rights places the copyright infringement risk squarely on users, despite the fact that the AI model — not the user — generates the content.

Consumer impact

OpenAI's Terms of Use give the company a broad license to use content you submit — including your conversations with ChatGPT — to train and improve its AI models, which means your personal inputs could influence future AI behavior at scale. The mandatory arbitration clause and class action waiver significantly limit your ability to seek collective legal remedies if something goes wrong, a provision that may surprise many everyday users. You can opt out of having your data used for model training by going to Settings > Data Controls in your ChatGPT account and disabling 'Improve the model for everyone.'

Applicable agencies

  • FTC
    The FTC has authority to investigate potentially deceptive warranty representations about AI output ownership and non-infringement where the warranted outcome may be outside user control, under FTC Act Section 5.
    File a complaint →

Provision details

Document information
Document
Terms of Use (ROW)
Entity
OpenAI
Document last updated
March 5, 2026
Tracking information
First tracked
March 10, 2026
Last verified
April 4, 2026
Record ID
CA-P-001994
Document ID
CA-D-00007
Evidence Provenance
Source URL
Wayback Machine
SHA-256
3a064f11bc2cb0f491e5ad76938f2712026c1d020c9f8b50528f8c7b639a4f7f
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: OpenAI | Document: Terms of Use (ROW) | Record: CA-P-001994
Captured: 2026-03-10 03:31:52 UTC | SHA-256: 3a064f11bc2cb0f4…
URL: https://conductatlas.com/platform/openai/terms-of-use-row/intellectual-property-in-user-content-and-ai-outputs/
Accessed: April 4, 2026
Classification
Severity
High
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