About this course
Few contract-drafters really understand data, particularly the fact that you can't own meaningful IP rights in data. So contracts often address data rights poorly, particularly in agreements about software-as-a-service (SaaS) and other cloud services. Plus, new, complex issues arise when AI-related contracts grapple with data terms - particularly contracts for purchase or sale of generative AI. This course addresses all these issues and explains the terms you need to manage data.
Enroll and receive a year's access. Refer to this video resource - or any chapter - again and again, whenever you need it.
Topics covered include:
- “Ownership” of data and the limited value of IP
- Rights in prompts, training data, and outputs from machine learning, particularly gen-AI
- Data indemnities and the problems they raise
- Promising privacy compliance, or not
- And more …
You can view a sample chapter right here.
As usual, your instructor is David Tollen, author of The Tech Contracts Handbook, attorney, UC Berkeley lecturer, expert witness, and sought-after speaker.
Length: appx. 1 hr., 25 mins. (CA CLE 1 hr.)
Recorded September 2024
Curriculum
- 1. Introduction + AI and Cloud Agreements (9:50)
- 2. The Problem with "Owning" the Data (22:46)
- 3. Data Control: Use of Data (11:42)
- 4. Data Control … and the Mess that Is Privacy Law (12:10)
- 5. Special Data Control Issues with Gen-AI (11:05)
- 6. Terms on Liability to 3rd Parties Related to Data and Content (19:21)
- Course Completion & Resources
An individualized certificate is generated when you complete the course.
CLE: Tech Contracts Academy On-Demand programs are approved for Continuing Legal Education (“CLE”) credit in California, and we provide a CA CLE certificate (self-study). Jurisdictions elsewhere (and professions) differ on whether students may apply individually, and if so what’s required. See here for details about CLE.
Your instructor
David W. Tollen is one of the industry’s leading authorities on software contracts, including agreements about artificial intelligence, as well as SaaS and other forms of cloud computing. He is a sought-after speaker, and he’s been widely recognized for making complex topics easy to understand and engaging.
David is an attorney, the founder of Tech Contracts Academy, and the author of The Tech Contracts Handbook, a perennial bestseller from the American Bar Association. His experience includes teaching IT contracts at UC Berkeley Law School and work and testimony as an expert witness, as well as service as General Counsel of a publicly traded software company and as VP of Business Development for a tech startup. He began his career at Morrison & Foerster, a global law firm, and ultimately founded Sycamore Legal, PC, a boutique law firm focused on IT contracts. David's clients have ranged from Silicon Valley startups to some of the most influential companies in the world.
David graduated with honors from Harvard Law School and has degrees from Cambridge University in England and U.C. Berkeley.
David's teaching style is informal and fun. He focuses on the business issues at stake in IT contracts.
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