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ARTICLE · 16 NOVEMBER 2023

OpenAI's "Copyright Shield" Broadens User IP Indemnities For AI-Created Content

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In a previous post, we highlighted three key items to look out for when assessing the terms and conditions of generative artificial intelligence ("GAI") tools: training rights...

United StatesIntellectual Property
L. Jiyoon Kim
L. Jiyoon Kim
Peter Cramer
Peter Cramer
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In a previous post, we highlighted three key items to look out for when assessing the terms and conditions of generative artificial intelligence ("GAI") tools: training rights, use restrictions and responsibility for outputs. With respect to responsibility for outputs specifically, we detailed Microsoft's shift away, through its Copilot Copyright Commitment (discussed in greater detail below), from the blanket disclaimer of all responsibility for GAI tools' outputs that we initially saw from most GAI providers.

In the latest expansion of intellectual property protection offered by a major GAI provider, OpenAI's CEO Sam Altman announced to OpenAI "DevDay" conference attendees that "we can defend our customers and pay the costs incurred if you face legal claims around copyright infringement, and this applies both to ChatGPT Enterprise and the API."

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