List the opened issues for an artificial-intelligence product
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the product note and the customer contract, list who the contract says owns output, whether customer content may be used to train a model, and what the contract says about defects in output. Do not write an advice letter and do not state a liability conclusion.
- What the lawyer must review
- 17 U.S.C. § 201(a) vests copyright initially in the author. Section 201(b) and the § 101 definition of a work made for hire decide when the employer or the commissioning party is the author. Ordinary software is often outside the commissioned list in § 101. Those sections do not decide tort liability for a defective output. No state product-liability statute was opened. Rule 1.6 and Formal Opinion 512 govern the lawyer’s use of customer content in a tool: information relating to the representation is not revealed, and the lawyer must understand whether the tool retains prompts. If the product processes California personal information for a business, Cal. Civ. Code § 1798.140(ag) requires the written service-provider limits the subdivision states. The lawyer writes any advice.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming 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
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- 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.