Over the past year, we have seen a dramatic increase in the adoption of AI technologies across industries. Because transactions involving AI technologies can resemble those involving traditional software, like SaaS agreements, parties often assume that their expectations from those standard agreements about what is reasonable and “market” should also apply to AI-related technology transactions. And, in some cases, this approach is appropriate. When a vendor supplies hospitals with a hosted medical imaging platform, the fundamental nature of the transaction remains much the same, regardless of whether the platform includes AI-assisted diagnosis functionality. However, it is important not to overlook the unique issues raised by certain AI technology transactions, particularly those that involve generative AI models (“Generative Models”). This client alert offers an overview of those issues.
Key Issues in Generative AI Transactions
By: Aaron P. Rubin and Heather M. Whitney