Third-party generative artificial intelligence systems (AI) are rapidly transforming creative work, introducing new opportunities and real legal and business risks. Many contracts do not yet cover how AI tools are used, who owns resulting intellectual property, or what happens if errors or unlicensed materials are incorporated into your final product. Creative professionals should strongly consider reviewing their contracts and adding provisions for AI use to tackle evolving risks and responsibilities for your industry. This article looks at contractual issues affected by use of AI tools and suggests specific terms to consider. While not exhaustive, the topics in this article target major areas for attention.

Copyright & Intellectual Property (IP) Rights

AI-generated work can pose challenges for copyright protection, licensing, and third-party rights. Many platforms and tools have uncertain or shifting approaches to ownership and proper licensing.

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Photo of Hannah Silverman Hannah Silverman

Hannah Silverman is an associate in the Litigation Department and a member of the Product Liability, Trial Strategies and White Collar Defense & Investigations Groups. Hannah’s practice focuses on a broad range of matters, including product liability defense, white collar defense, internal investigations…

Hannah Silverman is an associate in the Litigation Department and a member of the Product Liability, Trial Strategies and White Collar Defense & Investigations Groups. Hannah’s practice focuses on a broad range of matters, including product liability defense, white collar defense, internal investigations, and contract disputes. She has represented institutional and individual clients in all phases of civil and criminal litigation, including discovery, trial, and at criminal sentencing. Most recently, Hannah served as a trial team member representing Monsanto in a high-profile product liability suit. After a five-month trial, the California jury returned a complete defense verdict.

Hannah earned her Juris Doctor, cum laude, from Fordham University School of Law.  During law school, Hannah served as an articles and notes editor of the Fordham Law Review and as an associate editor of the Dispute Resolution Society.  She is the author of “The Role of ‘Coordinating Discovery Attorneys’ in Multidefendant Federal Criminal Cases,” 88 Fordham L. Rev. 1173 (2019), which received the Mary Daly Graduation Prize in Legal Ethics.  Hannah holds a Bachelor of Arts degree from Emory University.

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