# GENERATIVE AI OUTPUT — COPYRIGHT AND COMMERCIAL USE CHECKLIST

**Document code:** AIA-IPR-04 · **Version:** 1.0 · **Classification:** Internal
**Assessment date:** ……/……/20……  ·  **Renewal:** on each commercial use

> Complete a **separate** checklist for each family of output (campaign
> visuals, product code, marketing copy). The aim is to produce a dated,
> reasoned answer to the question: "can we sell this?"

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## PART A — OUTPUT RECORD

| Field | Value |
|---|---|
| A.1 Output type | ☐ Image ☐ Text ☐ Code ☐ Audio/video ☐ Other: [……] |
| A.2 Tool and version used | [……] |
| A.3 Subscription tier | ☐ Individual ☐ Enterprise ☐ API |
| A.4 Date generated | [……] |
| A.5 Intended commercial use | [……] |
| A.6 Territories of use | [……] |
| A.7 Prompt record retained | ☐ Yes ☐ No |

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## PART B — OWNERSHIP

**B.1** Copyright protection generally requires a work that is its author's own
intellectual creation, and authorship is attributed to a **natural person**.
Whether a purely machine-generated output with no human input attracts
protection is contested in most jurisdictions.

**B.2 Practical consequence:** if the output is not a protected work, you may be
unable to assert **exclusive rights** over it. That does not mean you cannot use
it — it means you may be unable to stop others from using the same or similar.

**B.3 Record of human contribution.** For output that will form part of your
brand identity, documenting the human contribution strengthens any claim:

- **B.3.A** Person making the creative choices and direction: [……]
- **B.3.B** Edits and adaptations applied to the output: [……]
- **B.3.C** Which alternatives the selected output was chosen from, and on what
  criteria: [……]
- **B.3.D** Is this record retained? ☐ Yes ☐ No

**B.4 Works by employees.** Where the contribution was made by an employee,
check the contractual provision transferring rights to the employer.

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## PART C — PROVIDER TERMS

**C.1** Verify the following in the terms of the tool used:

| # | Check | Status |
|---|---|---|
| C.1.A | Is commercial use of the output permitted? | ☐ Y ☐ N |
| C.1.B | Does commercial use depend on the subscription tier? | ☐ Y ☐ N |
| C.1.C | Does the provider assert rights over the output? | ☐ Y ☐ N |
| C.1.D | Are inputs used for model training? | ☐ Y ☐ N |
| C.1.E | Is there an indemnity for third-party copyright claims? | ☐ Y ☐ N |
| C.1.F | On what conditions (e.g. filters left enabled)? | [……] |

**C.2** If C.1.B is "Yes": verify the account that generated the output was
**actually** on that tier. Output generated on an individual account and used in
a commercial product is the most common mismatch.

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## PART D — INFRINGEMENT SCREEN

**D.1 Image output**
- **D.1.A** Contains a recognisable trade mark, logo or trade dress? ☐ Y ☐ N
- **D.1.B** Contains a recognisable image of a living person? ☐ Y ☐ N
- **D.1.C** Directly imitates a specific artist's style? ☐ Y ☐ N
- **D.1.D** Reverse image search performed? ☐ Y ☐ N

**D.2 Text output**
- **D.2.A** Contains verbatim passages from source texts? ☐ Y ☐ N
- **D.2.B** Plagiarism scan performed? ☐ Y ☐ N
- **D.2.C** Contains unverified factual assertions? ☐ Y ☐ N

**D.3 Code output**
- **D.3.A** Licence compatibility scan performed? ☐ Y ☐ N
- **D.3.B** Copyleft (GPL etc.) fragments detected? ☐ Y ☐ N
- **D.3.C** Licence obligations for detected components met? ☐ Y ☐ N
- **D.3.D** Recorded in the third-party component inventory (SBOM)? ☐ Y ☐ N

> **D.4** For every "Yes" in D.1 or D.3, a written assessment is made before
> use. Not having run the scan weakens any good-faith defence.

---

## PART E — MARKING AND TRANSPARENCY

**E.1** For synthetic content made available to the public, assess the
machine-readable marking obligation under Reg. (EU) 2024/1689 Art. 50(2).
☐ Applies ☐ Does not apply

**E.2** Where content depicts a person doing something they did not do
(deepfake), disclosure is required under Art. 50(4). ☐ Applies ☐ Does not apply

**E.3** Assess disclosure for AI-generated text published on matters of public
interest. ☐ Applies ☐ Does not apply

**E.4** Obligations of general-purpose AI model providers to publish a copyright
policy and a summary of training data (Art. 53) are reserved; ask whether your
supplier meets them as part of supplier selection.

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## PART F — DATA MINING AND TRAINING DATA

**F.1** If you train or fine-tune your own model:
- **F.1.A** Source of the training data and how it was obtained: [……]
- **F.1.B** Machine-readable reservation of rights (opt-out) on source sites
  checked? ☐ Y ☐ N
- **F.1.C** Does the data contain personal data? ☐ Y ☐ N (if so, a separate
  GDPR assessment is required)
- **F.1.D** Terms of licensed data sets recorded? ☐ Y ☐ N

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## PART G — DECISION

**G.1 Outcome:**
☐ Cleared for commercial use
☐ Cleared subject to conditions — conditions: [……]
☐ Not cleared — reasons: [……]

**G.2 Reasoning (mandatory):** [……]

**G.3** This decision is retained with its reasoning and date. It is the first
document requested when a copyright claim arrives.

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### SIGNATURE BLOCK

| | Name | Title | Date | Signature |
|---|---|---|---|---|
| Assessed by | | | | |
| Legal review | | | | |
| Approved by | | | | |

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*This checklist is general in nature and does not constitute legal advice.
Authorship and infringement analysis turn on the specific facts and on the
applicable law; provisions cited reflect the text as at the date of preparation
and should be confirmed against the version in force.*