List the open points in an AI or data-licence deal
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the draft, list each data set or model named, who the draft calls the owner, and whether a signed writing is in the file, with the page. Write no clause.
- What the lawyer must review
- You write the clauses. Section 201(a) vests copyright initially in the author. Section 201(b) treats the employer as the author of a work made for hire unless the parties have expressly agreed otherwise in a written instrument signed by them. Section 204(a) provides that a transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or the owner's duly authorized agent. Section 106, subject to §§ 107 through 122, is the list of exclusive rights. You decide whether the use needs a licence. This list does not decide that, and it does not treat training as fair use. Open § 101 before you classify the grant, and open § 102 before you treat a data set or a model output as a work of authorship.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Limit any support to organising, indexing or comparing the source material. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- 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.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Work made for hire clause | Clause | AI use Yellow | Clause for a work made for hire on or after 1 January 1978, using the two paths in Copyright Office Circular 30. |
Signed-in accounts can read the full text of each one. All precedents.