Fellow at CodeX, The Stanford Center for Legal Informatics & Generative AI Editor at law.MIT2 years ago
The recent ruling on AI-generated content and copyright has significant implications for organizations that use and distribute content created by AI algorithms. In light of this ruling, it becomes even more crucial for organizations to carefully negotiate indemnities in their contracts when dealing with AI-generated content.
Tips for Negotiating Indemnities in AI-Generated Content Contracts:
Define responsibilities clearly. Ensure the contract clearly defines the responsibilities of each party regarding AI-generated content. Specify who is responsible for content creation, distribution, monitoring, and addressing any legal issues that may arise.
Scope of indemnity. Clearly delineate the scope of the indemnity clause. Determine what types of claims or liabilities it covers, such as copyright infringement, and whether it extends to third-party claims.
Financial limits. Consider setting financial limits or thresholds for indemnity obligations. This can help prevent one party from shouldering excessive financial burdens in the event of a legal dispute.
Insurance requirements. Determine whether the contract should require one or both parties to maintain appropriate insurance coverage to cover potential liabilities related to AI-generated content.
Dispute resolution. Establish a process for resolving disputes related to indemnities, such as mediation or arbitration, to avoid costly litigation.
Review legal counsel. Given the complexity of AI-generated content and copyright issues, it's advisable to involve legal counsel experienced in technology and intellectual property law to help negotiate and draft indemnity clauses.
3 1 Reply
no title2 years ago
Excellent points here, Olga.
2
Content you might like
What’s the biggest hype vs. reality gap in AI pentesting today?
Coverage—AI claims full scan, but misses deep flaws31%
Speed—AI is fast but error-prone54%
Creativity—AI scripts can’t improvise23%
Integration—vendor tools don’t plug into DevSecOps31%
View Results
How do you think AI will ultimately reshape legal fees and the billable hour? How should it?
How are you leveraging AI for real-time translation services, both onsite (e.g., earbud translations at events - are we there yet?) and remotely (e.g., beyond, for example, Zoom's built-in functionality)? Are your incumbent vendors keeping up? Are you sticking with humans or shifting to software? Or both?
What sets us apart?
No selling.
No recruiting.
No self promotion.
Read Our GuidelinesTrusted peer advice and insights for technology professionals.
The recent ruling on AI-generated content and copyright has significant implications for organizations that use and distribute content created by AI algorithms. In light of this ruling, it becomes even more crucial for organizations to carefully negotiate indemnities in their contracts when dealing with AI-generated content.
Tips for Negotiating Indemnities in AI-Generated Content Contracts:
Define responsibilities clearly. Ensure the contract clearly defines the responsibilities of each party regarding AI-generated content. Specify who is responsible for content creation, distribution, monitoring, and addressing any legal issues that may arise.
Scope of indemnity. Clearly delineate the scope of the indemnity clause. Determine what types of claims or liabilities it covers, such as copyright infringement, and whether it extends to third-party claims.
Financial limits. Consider setting financial limits or thresholds for indemnity obligations. This can help prevent one party from shouldering excessive financial burdens in the event of a legal dispute.
Insurance requirements. Determine whether the contract should require one or both parties to maintain appropriate insurance coverage to cover potential liabilities related to AI-generated content.
Dispute resolution. Establish a process for resolving disputes related to indemnities, such as mediation or arbitration, to avoid costly litigation.
Review legal counsel. Given the complexity of AI-generated content and copyright issues, it's advisable to involve legal counsel experienced in technology and intellectual property law to help negotiate and draft indemnity clauses.