---
title: "List the open points in an AI or data-licence deal"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/draft-an-ip-clause-set-for-an-ai-development-or-data-licensing-agreement/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A23-B7-4-US"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List the open points in an AI or data-licence deal

> 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.

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/draft-an-ip-clause-set-for-an-ai-development-or-data-licensing-agreement/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 | United States |
| Applies to | [Draft an IP clause set for an AI development or data-licensing agreement](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/draft-an-ip-clause-set-for-an-ai-development-or-data-licensing-agreement.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A term sheet is the § 204(a) writing only if you decide it meets the statute.
- This list is for a data-licence or AI-development deal. It is not the services-deliverable list.

## Sources

- [17 U.S.C. § 201 (ownership of copyright)](https://www.law.cornell.edu/uscode/text/17/201) (checked 2026-10-22)
- [17 U.S.C. § 204 (execution of transfers of copyright ownership)](https://www.law.cornell.edu/uscode/text/17/204) (checked 2026-10-22)
- [17 U.S.C. § 106 (exclusive rights in copyrighted works)](https://www.law.cornell.edu/uscode/text/17/106) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Work made for hire clause](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/us-work-made-for-hire-clause.md) | Clause | 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.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*