Contracts and Chain of Title: Securing the output from A.I in Internatilnal Publishing

Gareth Benson • September 12, 2023

Almost a year ago I began drafting a series of contracts which secured the product of A.I output in publishing. I was engaged to assist create the chain of title contracts for the brilliant international artists behind the Art Ex Machina anthology. 


At the convergence of art and technology, Art Ex Machina was the first global anthology of international A.I artists published in November 2022. Its publcation stands testament to the fact that global creativity and collaboration now has no borders. 


As the publisher's commercial and legal advisor, I established the importance of establishing robust chain of title contracts, to ensure that the publication had the rights to earn royalties from the combination of Articles and A.I Art that was published. 


Featuring the talented works of Kris Kashtanova, Dave Maclean and Tim Parish, Art Ex Machina, understandood the significance of securing intellectual property rights. Crafting a comprehensive chain of title contract was instrumental in ensuring that the publication maintained legal ownership and control over the inspiring art it showcased.

Here's where my role as a legal advisor came into play. Working closely with Art Ex Machina, we implemented a contracting strategy that not only respects the rights of the A.I artists but also safeguarded the publisher's rights. The creation and maintenance of contract chain of title was instrumental in my approach.

Why is this so critical?

⭐️💡 Legal Certainty: A well-constructed contract chain of title provides legal certainty for both the producer and its collaborators. It delineates the scope of usage, preventing potential disputes down the road.


⭐️💡Global Collaboration: Art Ex Machina required the collaboration with international artists. The contract chain of title ensured collaboration by addressing legal IP rights associated with different jurisdictions enabling a global enterprise to be born. 


⭐️💡IP Protection: In the emerging landscape of AI art, where boundaries between creator and creation blur, securing intellectual property rights through contracts becomes a shield to ensure both artist and publisher protects their intellectual property rights in A.I output.


As industries are destined to be shaped by A.I good contracting isn't just a legal necessity; it's the cornerstone of ensuring the collaborative output of AI is captured by industry to produce new knowledge and value.

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