What are AI Copyright Infringement Clauses?
AI copyright infringement clauses are provisions placed in AI agreements to ensure liability is properly allocated for copyright infringements, such as those that affect a third party.
These clauses usually appear in a range of contracts, such as content platform policies, contractor agreements, and employment policies.
They provide important information that governs the agreement between parties, such as user and developer responsibility, and what will occur if these rights are breached.
Read the rest of this article to explore AI copyright infringement clauses in greater detail, what they contain, and how a lawyer can help you ensure they’re clear and legal in your document.
What Do AI Copyright Infringement Clauses Contain?
Some of the most important information contained in AI copyright infringement clauses includes the following:
- Intellectual Property (IP) rights. The clauses should state who owns all the IP, such as logos, trademarks, and more.
- Infringement definitions. This clearly states what infringement is, and what claims can be made for violations.
- Notification. If there’s a violation, the indemnified party must let the other party know of potential claims as soon as possible.
- Remedies. These can include money damages as well as others, such as duties to change the AI tool or content.
- Service continuation. It must be clearly stated if the AI provider can continue providing the service under the contract in the case of infringement.
- Legal action. This is a statement that legal action will be taken for any infringements.
- Indemnification. It’s common for users of AI to agree to hold the company harmless if there are violations.
How Should You Review AI Copyright Infringement Clauses?
Before signing a contract, you should take your time to review its AI copyright infringement clauses to minimize your losses and risks. Here are some tips to follow.
Check Ownership
You should read the clauses to find out who owns the AI-generated content and how it can be used. This will keep you on the safe side and prevent accidental violations, such as engaging in prohibited usage.
Look at How Training Data is Disclosed
It’s risky if AI tools are trained on datasets that include copyrighted material. If there’s a lack of disclosure, this could potentially make you liable for losses.
Consider Restrictions
When looking at the permitted and prohibited uses, you should look for any restrictions even if you own the content. For example, you might be the legal owner of content but not be allowed to use it commercially. Seek clarity on this prior to agreeing to all the contract terms.
Get a Legal Review
It’s in your best interest to get the contract reviewed by a professional lawyer. This will give you peace of mind that you’re not being exposed to any significant risks.
You can request a review on ContractsCounsel, one of the largest online legal marketplace where clients can connect with thousands of lawyers who are vetted on the platform. Here’s how.
1. Go to the ContractsCounsel marketplace.
2. Post your request for a legal review for free. Include a few details of what you require.
3. Wait for lawyer bids. Lawyers will send multiple bids to work with you on your project.
4. Review the lawyers' profiles. Before selecting the best lawyer for your requirements, view information about them, such as their years of experience and expertise, and client ratings for previous projects completed on the platform.
5. Select the best lawyer for your purposes and hire them.
Be Careful with Indemnification
If the clauses seem one-sided or unbalanced, it’s a red flag. You should make a note of these clauses during your review and discuss how you can narrow the risk with a lawyer or the other party.
For example, you could suggest changing vague terms like “any use” to more specific ones such as “unlawful breach.” By being more specific, you’ll prevent misinterpretations and being exposed to unknown risks.
Do You Need a Lawyer for AI Copyright Infringement Clauses?
Hiring a lawyer to look over your AI copyright infringement clauses is advisable if anything’s unclear or you have concorns. You should also work with a lawyer if you’re going to be conducting commercial activities or you’re signing contracts in high-risk industries such as finance or healthcare.
A lawyer will help you in various ways, such as by:
- Spotting any hidden liability traps you might miss, especially if the contract is vague or complex.
- Adding liability caps to protect your interests and business.
- Balancing terms, such as regarding IP ownership, so that you don’t take on too much responsibility.
- Flagging unenforceable clauses that could land you in legal trouble.
- Checking that the AI copyright infringement clauses are aligned with the rest of the contract and other company documents.
- Aligning the clauses with your specific goals and business.
- Negotiating with the other party to change wording or terms to make them more favorable.
- Re-drafting the clauses so that they’re clear and legally valid.
Where Can You Find a Lawyer for AI Copyright Infringement Clauses?
If you need to find and hire a lawyer to review or negotiate AI copyright infringement clauses in your contract, you might wonder how to go about it. With online legal marketplaces, this doesn’t have to be a stressful or time-consuming process.
All lawyers on the ContractsCounsel platform are vetted. They have the expertise and skills to help you in various ways with your AI copyright infringement clauses. Whether you need to get a legal review, you want to draft these clauses into a contract, or you want to negotiate contracts for better terms, you can find the best lawyer to meet your legal requirements.
Search for lawyers according to factors such as their years of experience, credentials, location, and similar projects they’ve completed on the platform. This makes the process of finding a lawyer stress-free and convenient.