Recently, artificial intelligence (AI) has become a widely discussed topic, particularly with the rapid advancements in generative AI models. OpenAI’s ChatGPT, which initially gained popularity with GPT-3, has now evolved into more advanced versions, offering improved contextual understanding and code generation capabilities. Alongside OpenAI’s models, other AI systems like Anthropic’s Claude and Google’s Gemini have entered the market, each providing unique approaches to conversational AI and content generation.
These tools are now extensively tested by software developers, as they can generate functional code snippets, optimize workflows, and automate repetitive tasks. What previously required significant time and expertise can now be achieved in minutes with AI assistance. However, while AI-assisted development offers efficiency gains, it also presents legal and business challenges for companies employing software developers.
Key concerns include:
- Incorrect or biased computations, which can introduce critical errors into software systems.
- Intellectual property and copyright risks, as AI-generated code may be trained on proprietary or copyrighted material without proper attribution.
- Hallucinated or misleading responses, where AI generates plausible but incorrect or unreliable answers.
- Long-term reliability issues, as AI-written code may contain subtle flaws that only emerge in production environments.
Given these risks, many companies have started incorporating explicit contractual clauses restricting or regulating the use of AI tools in software development. The goal is to mitigate legal exposure and maintain control over the integrity of the codebase.
Below you will find an example of such a clause that is used on the American market:
“Content Generation Tool” means the product known as GPT-x (Generative Pre-trained Transformer x) and any other tool that automatically generates content using artificial intelligence technologies trained, in whole or in part, using data and material as to which third parties may assert ownership. Contractor shall comply with Company’s policy prohibiting use of Content Generation Tools in the course of Contractor’s provision of services hereunder.