Definition
The outputs of Gen AI built on FMs are not afforded IP protection such as copyright or trademarks due to a lack of legal clarity over IP protection for AI-generated content.
Controls & guardrails that address this
3Grouped by control function, with the AI lifecycle stage(s) to apply each and the other risks it addresses. Filter by control category below.
Control category
Preventive · 2
Assessment of claimable IP over AI outputs
Assess what IP protection the organisation can claim over AI-generated outputs at design stage. Document legal position.
Lifecycle stage1 – Use Case Context & Design
Documented output IP ownership in terms of service
Document the IP ownership position for AI-generated outputs and incorporate into terms of service before deployment.
Lifecycle stage3 – Onboarding, Build & Review
Detective · 1
Legal landscape monitoring for output IP changes
Monitor the legal landscape for changes affecting AI output IP protection. Update IP strategy when legislation changes.
Lifecycle stage5 – Usage, Monitoring & Change
Other risks in Legal & Regulatory
#16 Inability to ensure location compliance for model hosting and data processing#17 Unclear data ownership#18 Unauthorised data transfer and storage#19 Breach or misalignment with regulatory or organisational standards#20 IP infringement#22 Inadequate privacy protection#23 Unclear data retention and deletion