---
title: "List the opened issues for an artificial-intelligence product"
url: "https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/advise-on-ai-product-liability/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A24-B8-2-US"
practice_area: "Technology, Media & Telecommunications / IT Contracts"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List the opened issues for an artificial-intelligence product

> 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.…

Canonical page: https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/advise-on-ai-product-liability/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Technology, Media & Telecommunications / IT Contracts](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Advise on AI product liability](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/advise-on-ai-product-liability.md) |

## Checking plan

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

## Notes

- State product-liability, negligence, and consumer-warranty statutes were not opened. Do not name a theory under them.
- Copyright in model output is not settled by a contract warranty alone. The lawyer applies §§ 101 and 201.
- The issue list is not a client memorandum.

## Sources

- [17 U.S.C. § 201, ownership of copyright](https://www.law.cornell.edu/uscode/text/17/201) (checked 2026-10-22)
- [17 U.S.C. § 101, definitions, including work made for hire](https://www.law.cornell.edu/uscode/text/17/101) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [Cal. Civ. Code § 1798.140, including the service-provider definition](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.140.) (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.*