To address this customer concern, Microsoft is announcing our new Copilot Copyright Commitment. As customers ask whether they can use Microsoft’s Copilot services and the output they generate without worrying about copyright claims, we are providing a straightforward answer: yes, you can, and if you are challenged on copyright grounds, we will assume responsibility for the potential legal risks involved.
This new commitment extends our existing intellectual property indemnity support to commercial Copilot services and builds on our previous AI Customer Commitments. Specifically, if a third party sues a commercial customer for copyright infringement for using Microsoft’s Copilots or the output they generate, we will defend the customer and pay the amount of any adverse judgments or settlements that result from the lawsuit, as long as the customer used the guardrails and content filters we have built into our products.
Copilot is the biggest copyright infringement case in human history, but at the same time, it will be very difficult for the thousands and thousands of individual projects and developers on Github to fight Microsoft in court of this infringement. Microsoft knows nobody powerful enough to challenge them is going to sue them over this, so they can easily offer this indemnification.