---
title: "Prepare staff briefing points on copyright and generative tools"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/prepare-a-client-briefing-on-ai-and-ip-risk-for-staff-use-of-genai/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A23-B7-5-US"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Prepare staff briefing points on copyright and generative tools

> 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.…

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/prepare-a-client-briefing-on-ai-and-ip-risk-for-staff-use-of-genai/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 | Yellow: Lawyer and AI draft together |
| 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 The unpublished nature of a work does not itself bar fair use if the finding considers all the factors.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 | United States |
| Applies to | [Prepare a client briefing on AI and IP risk for staff use of GenAI](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/prepare-a-client-briefing-on-ai-and-ip-risk-for-staff-use-of-genai.md) |

## Checking plan

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

## Notes

- The examples in § 107 are illustrative. Listing them is not a conclusion that a training use or a staff prompt is fair use.
- Read § 102 before you tell staff an output is a work of authorship. This briefing does not state that section.
- The Office reports are identified on the Office page. Read the report itself before you state its conclusion.

## Sources

- [17 U.S.C. § 107 (fair use)](https://www.law.cornell.edu/uscode/text/17/107) (checked 2026-10-22)
- [17 U.S.C. § 201 (ownership of copyright)](https://www.law.cornell.edu/uscode/text/17/201) (checked 2026-10-22)
- [U.S. Copyright Office, Copyright and Artificial Intelligence](https://www.copyright.gov/ai/) (checked 2026-10-22)

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