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 premium CLE webinar with Q&A

Conducted on Thursday, March 26, 2020

Recorded event now available

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Course Materials

This CLE course will guide counsel on addressing the IP and risk allocation challenges that arise 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.


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, there are also some new and unique risk allocations and IP challenges for AI systems, 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 if any are needed at all.

The 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 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 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.



  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


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?


Burow, Heiko
Heiko E. Burow

Of Counsel
Baker McKenzie

Mr. Burow’s practice includes domestic and international IP and commercial transactions of all facets in a...  |  Read More

Jo, Samuel
Samuel Jo

Perkins Coie

Mr. Jo leverages his technical background as an electrical engineer by focusing on a broad range of technology and...  |  Read More

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