Insights
Rights and contracts
98 guides · page 1 of 3
AI agent memory stores: are they licensable records, and whose?
AI agent memory holds user facts, summaries, episodic logs and embeddings. See who owns it, how long it lasts, and which memory records could ever be licensed.
Data privacy vs the right to license business records: 4 permissions
Data privacy is one of four permissions needed to license business records. See the matrix: access, privacy, ownership and contracts, by record type.
Model context protocol registry: should you list a data MCP server?
How the model context protocol registry works, what a listing does and does not grant, and a checklist for listing a data MCP server without implying a license.
Nearshore customer support data: who can license tickets and calls
Nearshore customer support data from Latin American teams: who controls tickets, calls and agent notes, which contracts decide reuse, and whose law applies.
Access-only data licenses: letting buyers train without a copy
An access-only data license lets a buyer train or evaluate on your records without a copy. Compare control, risk and buyer acceptance before you offer it.
Aggregated data clauses: what your SaaS customer contracts let you do
What an aggregated data clause in a SaaS contract usually permits, where it falls short of AI licensing, and how to sort customer, usage and company data.
AI laws in 2026: what US companies need to know before sharing data
AI laws 2026 for US businesses: which state, federal and EU rules reach a company that licenses records to AI developers, and which ones to check first.
AI use clauses in design and construction contracts
An AI clause in a construction contract can bar reuse of project records. See the clause types owners use, which records they reach, and how to review yours.
AIA instruments of service: can architects license drawings and models?
Under AIA forms, architects usually keep copyright in instruments of service, but owner licenses and confidentiality limit AI licensing. What to check first.
Anti-regurgitation clauses: stopping models reproducing your records
An anti-regurgitation clause for AI training data stops models reproducing your records. Sample wording plus the testing and remedy terms that enforce it.
App marketplace partner terms: can ISVs reuse data accessed via a platform?
ISV partner terms decide data use: see which platform API data stays out of an AI data license and the partner clauses a CTO should read before scoping.
Are business records protected by copyright?
Are business records copyrighted? Facts are not, but written expression often is. See which record types are protected and why licensing works either way.
Assignment for the benefit of creditors: can the assignee license company data?
In an assignment for the benefit of creditors, the assignee can often license company data. Where that authority comes from, privacy limits, and first steps.
Bankruptcy sale vs ABC vs dissolution: options for a company's data
Bankruptcy sale, ABC or dissolution: how each path handles a company's data assets, who holds authority, court oversight, privacy limits and timing.
California AB 2013 explained for companies that supply training data
California AB 2013 training data transparency for suppliers: who must disclose, each disclosure topic, what it could reveal and what to settle in the license.
Can a 3PL license shipment data under its shipper contracts?
3PL shipment data ownership depends on your shipper contracts. Use this clause checklist to see which records you can license and how to mask shippers.
Can a buyer release open-weight models trained on your data?
A buyer can release open-weight models trained on your data only if the license allows it. Why public weights change risk, and the clauses to use.
Can consulting firms reuse anonymized client work? Engagement letter clauses
Can a consulting firm reuse anonymized client work? Only as far as its engagement letters allow. A sample benchmarking clause, its limits and what to check.
Can licensing pricing data to AI create antitrust risk?
Antitrust risk from sharing pricing data with AI turns on age, aggregation and who sees it. Safeguards for 3PLs, freight firms and distributors.
Can we use customer data to train our own AI features?
Using customer data to train AI features is often possible for software companies when contracts, DPAs and notices allow it. Run these checks before building.
Can you license a codebase containing open-source components for AI training?
Can you license a codebase with open source for AI training? Yes, your own code: how to find, exclude or mark third-party components and what buyers check.
Can you license data from a business you already sold?
Can you license data after selling your business? Usually not. See which purchase agreement clauses decide it, the exceptions, and what to do before closing.
Can you sell or license your customer database when you close the business?
Selling a customer database when closing a business is tightly limited. Compare selling the list, selling the book and licensing de-identified records first.
Can your software vendor refuse to export your data when you leave?
Can a SaaS vendor refuse to export your data when you leave? The contract clauses that decide it, what published terms say, and steps before non-renewal.
Card numbers in support tickets: PCI obligations before licensing
PCI data in support tickets has to be found and removed before licensing. Use this checklist to detect card numbers in tickets, chats and attachments.
Change of control clauses: what happens if the data buyer is acquired
A change of control clause in a data license decides what happens if your buyer is acquired. Compare consent, termination and competitor carve-out options.
Changing your terms to allow AI use: what the FTC has warned
FTC staff warned in 2024 that quietly changing terms to use data for AI can be unfair or deceptive. What counts as retroactive, and how to change terms properly.
Colorado AI Act: does it apply to companies that only supply data?
Does the Colorado AI Act apply to data suppliers? The developer and deployer roles, the 2025 delay and 2026 rewrite, and what to put in your license.
Consultant pre-existing IP: who owns frameworks, playbooks and templates?
A consultant pre-existing IP clause decides whether frameworks, playbooks and templates stay with the firm. See a sample reservation and the licensing checks.
Consumer privacy ombudsman: when a bankruptcy data sale needs one
When a bankruptcy data sale needs a consumer privacy ombudsman: the trigger test, the process steps, and why B2B records usually sit outside the rule.
Contact center AI and third-party eavesdropping claims: the capability test
CIPA contact center AI lawsuits ask whether the vendor is a third party. How the capability and extension tests differ and what they mean for licensing calls.
Customer drawings and specs in manufacturing records: what to exclude
Customer-owned drawings and specs bind build-to-print shops. A system-by-system exclusion checklist for ERP, QMS, CAM and shop-floor records before licensing.
Customer lawsuits over AI use of their data: patterns from 2024-2026
Lawsuits over customer data used to train AI follow a few patterns: quiet terms changes, recorded conversations and purpose creep. See what decides them.
Data and AI reps in purchase agreements: what buyers now ask sellers
AI representations in purchase agreements now reach training data, data licensed out and AI tool use. See the new reps and how sellers prepare disclosures.
Data license term sheet: what to agree before the long-form contract
A data license term sheet fixes scope, permitted use, exclusivity, payment and deletion before lawyers draft. Use this fifteen-field illustrative template.
Data ownership clause examples for service contracts
Data ownership clause examples for service contracts: provider-favorable, balanced and client-favorable wording, plus the definitions that decide data reuse.
Data provenance standards: the metadata fields buyers now expect
Data provenance standards explained for data suppliers: the Source, Provenance and Use fields to prepare, and how they map to a licensing evidence record.
Data rights due diligence checklist for acquirers
Data rights due diligence checklist for acquirers: ownership, contracts, privacy and prior licenses to verify before counting a target's records as an asset.
Data sharing agreement vs data license agreement: which do you need?
Data sharing agreement vs data license: compare purpose, payment, rights and duties, and see what an AI training deal needs that a sharing template lacks.
Data warranties: what a supplier should and should not promise
Data license warranties from the supplier side: which promises are reasonable, which to qualify by knowledge or remove, and what buyers should promise back.
Do California's new risk assessment rules apply to licensing data for AI?
CCPA risk assessment regulations can apply when licensed records contain personal information. A trigger checklist, timeline and de-identification note.
Do data rights transfer in an asset purchase?
Data rights in an asset purchase agreement pass only if listed and assignable. Check assignment, privacy notices and consents before licensing acquired data.
Do you need a DPA when licensing de-identified data?
A DPA for a de-identified data license is usually the wrong contract. A decision tree on personal data, the buyer's role and which agreement actually fits.
Does a data license cover future model versions?
Whether a data license reaches future model versions depends on three clauses. See how retraining, successor and version terms work, with clause options.
Does a training license cover fine-tuning, RAG and evaluation?
Training vs evaluation vs RAG rights: a training license does not automatically cover fine-tuning, retrieval or test sets. Define each use separately.
Does 'internal business purposes' cover AI training?
Does internal business purposes cover AI training? See the factors that decide it and drafting fixes for both licensors and licensees before you sign.
Does licensing company data need board or shareholder approval?
Board approval for data licensing depends on entity type, governing documents and deal structure. See which documents to check before a CEO signs.
Does licensing company data need lender consent under a credit agreement?
Credit agreement IP license covenants decide when a data license needs lender consent. See which clauses to read and why exclusivity changes the answer.