List the copyright questions when a tool is trained on client content
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Build a question list: which exclusive right in § 106 the proposed use resembles, whose work it is under § 201, and which § 107 factor the lawyer will score. Answer none of the questions.
- What the lawyer must review
- Section 106 gives the owner the exclusive rights to reproduce the work, prepare derivative works, distribute copies to the public, perform and display the work publicly in the cases the section states, and, for sound recordings, to perform them publicly by digital audio transmission, subject to §§ 107 through 122. Section 107 states fair use and the four factors. Section 201(a) vests copyright initially in the author, and § 201(b) treats the employer as author of a work made for hire unless a signed writing says otherwise. You decide whether the use needs a licence or is fair use. The question list does not make that decision.
- 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
- 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.