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

Who does what
RoleWhat they do
AssistanceConsider narrowly defined preparation support after confirming the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
  2. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  3. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

Related tasks

Related tools

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