Anthropic, a leader in generative artificial intelligence, recently updated its Commercial Terms of Service, effective January 1, 2024, to address important issues related to intellectual property and data use. This update is especially important for users of Anthropic’s Claude API. This API is also available through Bedrock, Amazon’s generative AI development suite.
Under the new terms, Anthropic has taken a strong stance to protect customers from copyright infringement claims related to authorized use of the Service. The Company acknowledges that Customer’s paid use of Anthropic Services, including data used to train models, is not subject to any patents, trade secrets, trademarks or copyrights.
With this move, Anthropic joins other major generative AI providers such as Microsoft, Adobe, Shutterstock, OpenAI, IBM, and Google in implementing similar intellectual property protection measures for generative AI output. However, this protection has certain limitations. For example, the indemnification does not apply to claims related to use of the Services arising from Customer prompts or use of the Services in violation of the Terms of Use, willful misconduct or violation of law, modifications made by Customer to the Services or Deliverables, or any combination of the Services. not. or when printed using technology not provided by Antropic. Additionally, certain patent- or trademark-related violations are also excluded from this protection.
Additionally, it is important for businesses considering using generative AI tools to thoroughly analyze the provider’s terms and conditions, considering not only legal factors but also non-legal considerations such as pricing and technical capabilities. This comprehensive review should include an examination of the intellectual property protection provisions and related exclusions provided by the provider, particularly for paid or enterprise customers. These efforts are critical as copyright and privacy lawsuits are still ongoing against generative AI providers regarding scraping of copyrighted work to train AI models. These legal battles present unresolved intellectual property issues, making the protections offered by companies like Anthropic a welcome addition to customers. However, it is important that Customer fully understands and considers these Terms and Conditions and Disclaimers in the context of any particular or potential use.
Legal actions such as the lawsuit launched by Universal Music Group against Anthropic in October 2023, and the lawsuit filed by author Julian Sancton against OpenAI and Microsoft highlight the complexity and evolving nature of copyright law in the age of artificial intelligence. These cases highlight the importance of AI companies proactively addressing copyright issues and putting strong protections in place for their customers. Anthropic’s recent Terms of Service update is a step toward greater clarity and security in this rapidly evolving field.
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