List copyright questions before geological data are used to train a tool
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each data set the lawyer names, the owner stated on the face of the license or contract, and whether the file is fixed in a tangible form as the lawyer describes it. Do not say the data are protected or unprotected, and do not apply a fair-use exception.
- What the lawyer must review
- 17 U.S.C. 102(a) provides that copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the categories listed in that subsection. Section 102(b) provides that copyright protection for an original work of authorship does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied. Section 106, subject to sections 107 through 122, gives the owner the exclusive rights to do and to authorize the acts listed in that section, including reproduction, preparation of derivative works, and distribution of copies to the public by sale or other transfer of ownership, or by rental, lease, or lending. Sections 107 through 122 were not opened. The lawyer decides whether any data set may be used.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.