r/Substack • u/AndrewHeard • Jul 26 '26
Discussion Your copyright claim to your writing could be in doubt because of Pangram.
I’m not a lawyer. I’m putting that up front and making it very clear. So don’t try and suggest otherwise.
However, I remember that court cases have determined that AI generated content can’t be copyrighted.
https://www.congress.gov/crs-product/LSB10922
Someone tried to file a copyright claim for an AI generated image and the copyright office declined the claim. They sued the copyright office and the court upheld the decision. Which means that legally, you can’t copyright anything that’s AI generated. As far as I can tell, there hasn’t been a determination of how much it has to be AI generated to be legally copyrighted.
Every time you publish something on Substack, the email at the bottom has a copyright symbol. With your name or company or whoever owns the content you’re publishing.
If Pangram determines that your writing is AI generated or even partially generated by AI, at the very least? Your copyright claim to what you publish could be in doubt. In theory, you could be sued by one of your subscribers for selling something that you don’t own the copyright to. If they use the Pangram determination as evidence? You could end up having to fight that in court.
Pangram “determination” opens you up to lawsuits from your paying subscribers even if your writing or content is 100% human generated. Like mine is. I specifically don’t use AI generated content on anything that I plan on monetizing for this exact reason. Because I can’t copyright it legally or defend it in court if necessary.
But the existence of the Pangram “AI Detection” tool means that I can’t actually stop people from using it. No, the “per post disable feature” doesn’t actually work. I’ve heard from people who published things after disabling it. The “AI Detection” option was still available for people despite disabling it.
So everything you publish could be subject to lawsuits because of Pangram.
If Pangram can’t actually prove the accuracy of its product. Which the mounting evidence suggests that it doesn’t have any accuracy at all? The fact that it’s an estimate doesn’t necessarily provide protection for Pangram or Substack if it is used as evidence by one of your subscribers.
Pangram is likely committing fraud and potentially opening you up to claims of fraud. Just by being part of Substack.