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The Do’s and Don’ts of Using Artificial Intelligence in Your Business

Brett J. Trout

Do:

Familiarize yourself with generative AI 

Understand the risks and benefits of AI

Read the Terms of Service for the AI platform(s) you intend to use

Contact an attorney to create an AI Acceptable Use Policy for your company

Ensure all employees who will be using AI and/or the output of AI read and understand the Acceptable Use Policy, Licenses, and the Terms and Conditions associated with their intended use of a particular AI platform

Use AI to increase productivity

Have concrete goals in mind and adapt AI usage toward those goals

Ensure every employee accessing the AI platform(s) has individually trackable login credentials  

Monitor productivity gains and adjust employee incentives based on the increased productivity

Learn the types of modifications of AI output necessary to claim ownership rights in the modified result

Employ systems and procedures for documenting protectable copyrightable material added to AI-generated material employ systems and procedures for protecting AI-generated trade secret information 

Understand all regulations and policies governing your intended generation and use of AI output 

Don’t:

Create synthetic AI output designed to misrepresent factual information 

Use third-party content without a legal right or written authorization  

Circumvent third-party policies or security features when generating or using AI

Create sexually suggestive or explicit content 

Assume you own any intellectual property rights in unmodified AI output

Use AI outside the limits of your particular AI license

Generate AI output that violates the intellectual property rights of third-parties

Generate AI output that violates the privacy or publicity rights of third-parties

Build tools attractive to children under 13 years of age

Collect data from children under 13 years of age 

Use AI to violate the law

Publish AI output without a human review of the AI output for policy compliance

Use AI to advise third parties on specific legal, financial, or medical matters. 

Make automated decisions based on AI output that affect a third-party’s safety, security, legal status, credit, employment, housing, financial condition, critical infrastructure, essential services, or contractual relations

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