Contracts about purchasing and selling AI raise most of the same issues as do other software agreements. But they raise unique issues and concerns too, particularly when they involve generative AI and other forms of machine learning (ML).
Below are resources to help you grapple with AI, particularly contracts involving AI. And please revisit this page to keep up with developments — or subscribe.
Techcontracts.com Blog Posts & Sample Contract Clauses
David Tollen writes frequently about tech contracting – and his short, instructive blogs – and sample contract clauses – are available to you free at Techcontracts.com. Below are some articles specific to AI.
Some even include sample clauses specific to AI (which are too new to be in The Tech Contracts Handbook), for: (A) ownership and control of customer training data and prompts; (B) ownership and control of outputs; (C) trade secrets and other confidential information related to AI; (D) liability related to errors in outputs; (E) liability to third parties related to AI inputs and outputs (IP, privacy, defamation, etc.); and (F) security, responsible use, and other special issues related to AI.
Artificial Intelligence Contracts: An Issue-Spotter (“This series provides an issue-spotter for lawyers, contract managers, and other contract-drafters. …”)
Five Problems with Contracts for Generative AI & Other Machine Learning (“Generative AI raises five sets of issues not often found in IT contracts. So do other machine learning (ML) systems, particularly those trained on massive datasets. The issues are complex, but no amount of analysis will help if you don’t notice them. …”)
Watermarks on Generative AI Art…and Copyright (“I’ve seen these faux watermarks on other images I created using AI. But I didn’t ask for watermarks in my prompts. How did they get there? …”)
LinkedInLive Conversations
David hosts complimentary LinkedIn Live conversations on the Tech Contracts Academy Linked In page. They cover a range of topics relevant to technology contracts. Recordings are posted afterward on LinkedIn. Here is just one, specific to AI contracts:
Contracts about Generative AI: An Issue-Spotter
(Follow Tech Contracts Academy here on LinkedIn to find out about future LinkedInLive conversations, and other programs).
We hope you revisit this page soon to keep up with AI developments.
David Tollen’s Outside Speaking Engagements
David is a sought-after speaker about technology contracts, including artificial intelligence. An illustrative list is here.
And here are some specific to AI which you may still be able to access (free):
GenAI + The Future of Legal Services with David Tollen of Tech Contracts Academy (podcast with LawSubscribed.com)
Our Future Jobs: AI and Other 21st Century Contracting Tools (conversation with ParleyPro)
Using AI to Streamline Procurement and Legal Processes (podcast with Procurement Reimagined)
Tech Contracts Master Classes
Tech Contracts Master Classes™ cover all the essential topics in IT contracts. We’ve added content specific to contracts for AI. Conveniently available via distance learning, four classes, two hours each, they include Q&A with your teacher, David Tollen. Recording access available. (And, CA CLE).
Webinars
Tech Contracts Academy presents topical webinars, generally one hour each. To many, we’ve added content about AI contracts. For example: Top Six Mistakes in Cloud Services Agreements, Including SaaS and AI (Sept. 12, 2023); Key Liability Terms in Contracts About AI, the Cloud, and Other Software: Warranty, Indemnity, Limit of Liability, and More (Oct. 12, 2023).
And some webinars are completely devoted to AI topics, including: AI in the Legal and Contracting Professions – Today and Tomorrow (Nov. 16, 2023); Artificial Intelligence Contracts: Drafting and Negotiating (Feb. 13, 2024).
All include Q&A with your teacher, David Tollen. Recording access available. (And CA CLE).
In-House Training
Tech Contract Academy’s in-house programs include a class specific to AI: Artificial Intelligence Contracts (key clauses separating artificial intelligence contracts from other software agreements, particularly re generative AI). And our other in-house programs address AI as part of the larger curriculum on IT contracts. Contact info@techcontracts.com for pricing and details.