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 to our e-mail list.
Techcontracts.com Blog Posts & Sample Contract Clauses
Our founder, attorney & author 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.
Comparing Gen-AI to the Brain Solves the Copyright Conundrum: Does generative AI infringe copyrights? David Tollen dives into the controversy, raising and addressing three key questions. Check out the blog for David’s unique approach, and creative thinking – applied to existing copyright law.
- Do generative AI operators infringe copyright when they train their models (machine learning) on copyrighted content freely available to the public?
- Do gen-AI operators infringe copyright when they use facts, ideas, and styles from copyrighted training data to produce original content?
- Do gen-AI operators infringe copyright when they produce output substantially similar to copyrighted training data?
Artificial Intelligence Contracts: An Issue-Spotter: In this 3-part series, David Tollen provides an essential issue-spotter for lawyers, contract managers, and other contract-drafters – with sample clauses.
Five Problems with Contracts for Generative AI & Other Machine Learning: David Tollen explores five sets of issues raised by generative AI and 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: David Tollen considers, “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?”
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:
(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)
Artificial Intelligence in the Legal Profession (podcast with Practice League)
Tech Contracts Master Classes
Tech Contracts Master Classes™ cover all the essential topics in IT contracts, including content specific to contracts for AI. Conveniently available via distance learning, four classes, two hours each. Live courses include Q&A with your teacher, David Tollen, and access to recordings upon request for a 30 day period. Prerecorded courses are available, with one year’s access, On-Demand. CA CLE available.
Webinars and On-Demand
Live Webinars: Coming up in 2024 – Top 7 Worries for Customers in Contracts about Software, AI, and other IT (March 12, 2024); The Indeminar: Indemnities in Contracts about Software, the Cloud, and AI (April 16, 2024); IP Terms in Contracts about AI, the Cloud, and On-Premise Software: Licenses, Warranties, Open Source, and More (May 21, 2024). Live webinars include Q&A with your teacher, David Tollen. Recordings are available for 2 weeks following live programs.
On-Demand: Tech Contracts Academy On-Demand offers video reference guides, all taught by David Tollen, you can use over and over for 12 months. These include previously broadcast webinars, refreshed and broken into clause or topic-based segments, so you can easily find your answers. Webinars available include: Artificial Intelligence Contracts: Drafting & Negotiating; Top 6 Mistakes in Cloud Services Agreements, including SaaS and AI; The Indeminar: Indemnities in IT Contracts; Key Liability Terms in Contracts About AI, the Cloud, and Other Software; Warranty, Indemnity, Limit of Liability, and More; IT Professional Services Contracts: Typical Terms and Mistakes in Contracts for Implementation, Customization, and More. We also offer Tech Contracts Master Classes On-Demand.
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 firstname.lastname@example.org for pricing and details.