Licensing Artificial Intelligence Systems
Rights of Licensor and Licensee, Liability for IP Infringement by AI, Rights to Product of AI System

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, March 22, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide counsel on addressing the IP and risk allocation challenges when licensing artificial intelligence (AI). The panel will discuss how AI licensing agreements differ from traditional software licensing agreements. The panel will also discuss the key provisions to be considered, including rights to the AI product and liability and indemnification for the use and operation of the AI software.
Faculty

Mr. Burow’s practice includes domestic and international IP and commercial transactions of all facets in a variety of fields and industries. He also provides advice on patent, copyright, trademark, and other IP matters. Mr. Burow regularly advises clients regarding ownership, creation and infringement assessments, both in and outside the context of litigation. His practice further focuses on domestic and international transactions involving IP, including the negotiation, preparation and assessment of licensing, acquisition, development, and commercialization of patents, copyrights, trademarks, and other IP rights. He represents clients in a range of industries and fields, including internet technology, medical technology, communications technology, cinema technology, and banking and financial services.

Mr. Close is a technology attorney whose practice focuses on intellectual property protection and strategic counseling. He has broad experience developing IP strategies, including preparing and prosecuting a wide range of patent applications and drafting and negotiating IP agreements. Mr. Close’s practice focuses primarily on technology businesses, manufacturers, and universities and higher education institutions. He has extensive experience in computer software and computer-implemented technologies, including various social media, electronic commerce and payments, network security, Internet of Things, power management, and electronic medical record and healthcare systems. His clients also practice in the fields of semiconductors and sensors, summer and holiday consumer products, and medical devices, among many other areas.
Description
AI is essential and used widely today. AI systems include Software as a Service (SaaS) and typical IP issues associated with developing software products apply. However, some new and unique risk allocations and IP challenges for AI systems are developing, including semi-autonomous and fully autonomous systems.
One way to address ownership and IP protection is through the license agreement between the parties and the protection of trade secrets. In a typical SaaS license, the licensor often seeks to retain improvements to the AI tool created under the license. When licensing AI, the licensee does not know what improvements are needed or needed at all.
The IP challenges require the parties to carefully negotiate rights to the data, work products, or technologies generated by AI software. The parties can agree to which party the rights belong if the AI creates a work and copyright exists. Further, the parties should consider the potential liability for infringement by AI software, mainly when the AI software uses rules, training data, or other information provided by licensees.
Listen as our authoritative panel of IP attorneys examines the IP challenges raised with licensing AI and how these licensing agreements differ from traditional software/IP licensing agreements. The panel will also discuss the key provisions, including rights to the product of AI systems and liability for infringement "committed" by AI.
Outline
- Determining what rights the licensor and licensee have to AI
- How AI licensing agreements differ from traditional software/IP licensing
- Key provisions
- Rights to the product of AI systems
- Liability for infringement "committed" by AI
Benefits
The panel will review these and other key issues:
- What IP challenges must counsel overcome when licensing AI systems?
- How do AI licensing agreements differ from traditional software/IP licensing?
- How should potential liability "committed" by the AI-created work be addressed?
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