Quote a tool's terms on ownership and indemnity

Key facts

Human involvement

Yellow · Close supervision

How AI is used

From the tool terms the lawyer loads, quote each sentence on who owns the output, what licence the vendor takes, and any indemnity, with the page. Add no conclusion about ownership.

What the lawyer must review

You decide what the terms do. Copyright vests initially in the author or authors under 17 U.S.C. § 201(a). Under § 201(b), the employer or other person for whom a work made for hire was prepared is considered the author and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright. Section 106, subject to §§ 107 through 122, gives the owner the exclusive rights to reproduce the work, to prepare derivative works, to distribute copies or phonorecords to the public, to perform publicly the works paragraph (4) names, to display publicly the works paragraph (5) names, and, for sound recordings, to perform them publicly by digital audio transmission. A vendor clause transfers copyright ownership only if you decide it meets § 204(a). That section 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. Open § 101 before you treat the clause as a work made for hire or as a nonexclusive permission. The quotes are not that decision.

Written for / version

United States versionUS