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Contractual considerations for the procurement of artificial intelligence—checklist

Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...

What vests and doesn't vest in the trustee in bankruptcy—checklist

What vests and doesn't vest in the trustee in bankruptcy—checklist Asset Vests in the trustee in bankruptcy? Comments Reference The bankrupt's (their family's) primary/sole residence Yes (but for a limited time only) The asset will only vest in the bankruptcy estate for a period of three years beginning on the day the bankruptcy order is made. Section 283A of the Insolvency Act 1986 (IA 1986) Freehold property Yes Where the bankrupt holds an interest in land, that interest will vest in the trustee in bankruptcy (trustee). IA 1986, ss 283(1) and 436 Leasehold property Varies Apart from a few exceptions, leasehold property will vest in the trustee.The exceptions are certain statutory tenancies as set out in IA 1986, s 283(3A), but the trustee can claim even these by service a notice. IA 1986, ss 283(1), 283(3A) and 308A Money/cash Yes To the extent the bankrupt holds any money/cash at the time the bankruptcy order is made, that will form part of the bankruptcy estate and vest in the trustee....

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Websites and the internet—issues to consider—flowchart

Websites and the internet—issues to consider—flowchart This is a Flowchart showing how to address regulatory and contractual issues when building or operating a website. It addresses domain name and intellectual property issues, e-commerce, distance selling and similar regulations, online advertising rules and data privacy. The Flowchart then references relevant contracts to develop or host websites or legal terms to include within websites. Finally, it also covers how to address disputes relate to websites, such as cybersquatting and online defamation. Step 1—overview Step 2—intellectual property and brand considerations Domain names and brand protection Other intellectual property rights Transferring rights in websites Practice Note: Domain names—background, registration and dispute resolution Practice Note: Intellectual property rights considerations for websites Practice Note: Uniform Domain Name Dispute Resolution Policy (UDRP) process Practice Note: Copyright―protectable works Practice Note: Licensing intellectual property rightsAssigning intellectual property rights Practice Note: Nominet Dispute Resolution Service (DRS) Practice Note: Copyright in databases and database right Precedent: Online brand protection—training materials Practice Note: UK...

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Database right—permitted acts and remedies

The Copyright and Rights in Databases Regulations 1997, SI 1997/3032 (CRD 1997) implemented the EU Database Directive by introducing changes to UK copyright law as it applied to databases. CRD 1997 confers copyright protection only on those databases that arise out of the author's own intellectual creation.CRD 1997 also brought in a unique or sui generis right: the database right. Unlike copyright, this applies regardless of whether the database is an intellectual creation as long as there has been sufficient 'investment'. Copyright protection in a database and database right are independent rights. For further reading on copyright in databases and the database right see Practice Note: Copyright in databases and database right. Permitted actsNot all of the permitted acts which apply to copyright apply to database right, for example there are no exceptions to infringement relating to criticism, review and news reporting. There is no general right of private use for electronic databases. There are permitted uses relating to fair use, libraries, Parliamentary and judicial proceedings, and Royal Commissions and...

Database right infringement

Database right is a property right, first introduced in the UK by the implementation of Directive 96/9/EC (EU Database Directive), in a database where there has been substantial investment in obtaining, verifying or presenting its contents. Examples of what constitutes a database include: a hard copy or electronic encyclopedia; collections of data on websites; the intranet; a spreadsheet that records a database and a pdf document of such a spreadsheet (see the Forensic Telecommunications Services Limited case); and a document management system. The EU Database Directive was implemented in the UK by the Copyright and Rights in Databases Regulations 1997 (CRD 1997 or Database Regulations 1997), SI 1997/3032. Database right is infringed by extraction or re-utilisation of all or a substantial part of the contents of the database without the consent of the owner of the right. Not all databases are protected by the database right. The only ones that are protected are those in which there has been substantial investment. Retained EU law (REUL) is a legal concept describing...

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Rights in databases—training materials

Rights in databases—training materialsThese training materials consist of template PowerPoint slides that can be used as the basis of one or more training seminars on issues arising in relation to protecting rights in databases. It is anticipated that those providing training will use these slides as a helpful starting point for their presentations and then amend them accordingly to reflect their particular circumstances.The training materials are customisable.Click the link below to download the presentation.Contents•Terminology•What is a database?•Protection available to databases•Copyright protection•General copyright protection•Database copyright•Sui generis database right•Database right infringement•Confidential information•Data protection•Practical tips•SummarySummaryThis seminar covers the principal areas of copyright and database right protection for databases. It is based on UK law.Purpose of slides/seminarThe slides are intended for those who are new to the area of law rather than a specialist audience. It is anticipated that these slides may be used as part of a wider training project to inform new starters, trainees or clients about

Letter of claim—database right infringement

Letter of claim—database right infringement Letter of claim [Alleged infringer’s name and address] [Date] Dear [insert organisation name] [Copyright and] database right infringement: [Name and description of database] We are writing on behalf of [name of client] of [address]. We are writing to you about your activities and actions, which amount to an infringement of our client’s [copyright and] database right. [Name of client] [Name of client] operates in [describe the industry of operation, what the rights owner does, who in the company makes, produces and maintains the database and, if relevant how, they are employed] and is the owner of [Define or give the name of the database ](Database). [Name of client] is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of [copyright and] database right in the Database, an extract of which is enclosed for your attention. [In accordance with section 11(2) of the Copyright, Designs and Patents Act 1988 (CDPA 1988) and the Copyright and Rights...

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What are IP rights?

What are IP rights? Basic concept Most people are familiar enough with the idea that owning tangible property, such as a car or some land, carries with it some rights, such as not to have it stolen or damaged. So that people are incentivised to create things or new ways of doing something, the law provides rights to creators. These rights are to property, generated by someone's creativity, and they are similar to rights in property such as land—they can be sold, rented out or even mortgaged, and they cannot be trespassed on without the owner's consent. The owner has a right to keep other people away from exploiting this intellectual property (IP), for example stopping them selling the products containing the ideas protected by the IP. There are limits to that right to keep people away, because the intention is that the owner's exclusive rights should not extend so far that competition and free markets are stifled. Creative output could be viewed as a spectrum of activities,...

How do I deal with database extraction and re-utilisation?

How do I deal with database extraction and re-utilisation? Protection of investment A database right in a database is infringed if an alleged infringer extracts or re-utilises all or a substantial part of its contents or where systematic extraction or re-utilisation of insubstantial part of the contents of the database amounts to the extraction or re-utilisation of a substantial part of those contents. The right to prevent extraction and re-utilisation stems from the database right that protects the investment of the maker of the database in the arrangement and verification of it. This protection of investment is the main point for the client to understand. The protection is not given to the investment in the creation of information but on investment made in the generation of a database as a storage and processing tool for information. 'Substantial investment' is an investment that is considerable in, for example, financial, human or technical resources in a qualitative (intellectual effort or energy) or quantitative sense, or both (see the ...

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King's Speech 2024—key Life sciences announcements

His Majesty, King Charles III, has set out the government’s priorities and proposed policies at the first State Opening of Parliament under the newly elected government, which took place on 17 July 2024. This included a package of bills, such as the Tobacco and Vapes Bill and the Digital Information and Smart Data Bill. Rosie Burbidge, partner at Gunnercooke LLP comments on the developments announced.

Court rejects summary judgment application in generative AI dispute (Getty Images (US) Inc v Stability AI Ltd)

TMT analysis: The Court rejected Stability’s application for summary judgment or strike out of parts of Getty’s claim concerning Stability’s image-generation AI, Stable Diffusion. Getty pleaded only an inference of primary copyright and database infringement in the UK, based on members of Stability’s team residing and working there. However, Getty’s claim has a real prospect of success because of evidence potentially pointing to UK acts, unanswered questions and inconsistencies in Stability’s evidence and the potential impact of disclosure. Further, the trial judge should decide whether ‘article’ for the pleaded secondary copyright infringement claims covers software, since this was a novel question and not straightforward. Getty was also allowed to amend its pleadings. As well as illustrating the challenges of obtaining summary judgment or strike out for a claim based only on an inference, the judgment contains clues as to Stability’s litigation strategy in a case where, almost a year in, it is yet to file a defence. Written by Matt Hervey, head of Artificial Intelligence Law at Gowling WLG.