Rights in inputs and outputs
The provider terms govern the relationship between you and them. They say nothing about third-party rights, and that is exactly where the risk sits.
This is about the contractual level. Whether a protected right arises in an output at all and whether it infringes third-party rights is a question of copyright and sits under AI-generated content.
Two directions that settle different things
What you grant
- Rights in the inputs in order to provide the service
- Possibly further rights for improvement or training
- Presupposes that you hold the necessary rights in the inputs yourself
- With third-party documents that is frequently not the case
What you receive
- Rights in the output in so far as the provider holds any
- No assurance that any protected right arises in the output at all
- No assurance about third-party rights unless an indemnity is given
- Frequently an exclusion for outputs others receive identically
What we review in the terms
- The scope of rights granted in inputs and outputs
- Whether an indemnity is promised and on what conditions
- Whether a cap applies and how it relates to the value of the engagement
- Notification and cooperation duties that carry the indemnity
- Requirements on model version, protective filters and unchanged use
- Rights in outputs after the contract ends
How we support you
We read the terms in the version that applies to you, assess the commitments and tell you which conditions you have to meet internally so that an indemnity actually bites when it matters.
An indemnity on offer?
We check the conditions on which it actually applies.
Have the terms reviewedFrequently asked questions
Who owns the outputs?
Most providers grant the user the rights in the output in so far as they hold any themselves. That is less than it sounds: where no protected right arises in an output, none can be transferred either. The clause protects you against claims by the provider, not against use by others.
What is an indemnity worth?
It depends on its conditions. Restrictions are usual: only when using the current model version, only with protective filters enabled, only where the output is taken over unchanged, only up to a cap and only if you report the claim promptly and leave the defence to them. Anyone not meeting the conditions does not have the indemnity.
Which rights do we grant in our inputs?
As a rule at least the right to process them in order to provide the service. Rights going further, for instance to improve the service or for training, have to be assessed separately. It becomes precarious where you do not hold sufficient rights in the inputs yourself, for instance with third-party documents.