Prepare staff briefing points on copyright and generative tools
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the four fair-use factors in 17 U.S.C. § 107, the ownership starting point in § 201(a), and a line that the Copyright Office has published reports on this subject which the lawyer will identify. Write no advice that a staff use is permitted.
- What the lawyer must review
- Section 107 says the fair use of a copyrighted work, notwithstanding §§ 106 and 106A, for purposes such as criticism, comment, news reporting, teaching, scholarship or research, is not an infringement, and the factors include the purpose and character of the use, the nature of the work, the amount and substantiality of the portion used, and the effect on the potential market. The unpublished nature of a work does not itself bar fair use if the finding considers all the factors. Section 201(a) vests copyright initially in the author or authors. You decide whether a staff use is fair use. The Copyright Office page identifies its artificial-intelligence reports. Read the report that fits the question before you tell staff an output is or is not a work of authorship. Opinion 512 keeps client content out of a public tool.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. Confirm 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.