Licensing Artificial Intelligence Systems

Rights of Licensor and Licensee, Liability for IP Infringement by AI, Rights to Product of AI System

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, March 8, 2018

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to counsel on addressing the IP and risk allocation challenges that arise when licensing 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.

Description

Artificial intelligence (AI) is increasingly important and used widely today. AI systems are based on software, including Software as a Service (SaaS), so the usual IP issues associated with developing software products apply. However, there are also some new and unique risk allocations and IP challenges for AI systems, including for 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 if any are needed at all.

The new IP challenges require the parties to carefully negotiate the ownership of 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 a copyright exists. Further, the parties should consider the potential liability for infringement by AI software, especially in the case where 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 when 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.

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Outline

  1. Determining what rights licensor and licensee have to AI
  2. How AI licensing agreements differ from traditional software/IP licensing
  3. Key provisions
    1. Rights to the product of AI systems
    2. Liability for infringement “committed” by AI

Benefits

The panel will review these and other key issues:

  • What IP challenges must IP 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?

Faculty

DeCosta, Frank
Frank A. DeCosta, III, Ph.D.

Partner
Finnegan Henderson Farabow Garrett & Dunner

Dr. DeCosta has significant experience in patent litigation, client counseling, and providing opinions related to...  |  Read More

Kahana, Eran
Eran Kahana

Special Counsel and Fellow
Maslon LLP and Stanford Law School

Mr. Kahana is an experienced technology and IP lawyer, and also a Research Fellow at Stanford Law School. He counsel...  |  Read More

Nguyen, Huu
Huu Nguyen

Partner
Squire Patton Boggs

Mr. Nguyen is a deal lawyer, focusing his practice on commercial and corporate transactions in the technology and media...  |  Read More

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