Summary
Today Microsoft shared with you the announcement of the Microsoft Copilot Copyright Commitment, a new commitment that extends the existing intellectual property defense obligations to commercial Copilot services, including Dynamics 365 Copilot, Copilot in Power Platform and Microsoft Sales Copilot, and builds on the previous AI Customer Commitments.
This means that if a third party sues a commercial customer for copyright infringement for Microsoft’s commercial Copilots, and/or Bing Chat Enterprise or the output the Copilots generate, Microsoft will defend the customer and pay the amount of any adverse judgments or settlements that result from the lawsuit, as long as the customer used the guardrails and content filters built into the products and is not attempting to generate infringing materials.
The Microsoft Copilot Copyright Commitment will be effective starting October 1, 2023, and apply to paid versions of Microsoft commercial Copilot services and Bing Chat Enterprise. It will not extend to any free products, custom-built Copilot services, or consumer products or services, even if identified as a Copilot. It will be reflected in a single change to Microsoft’s Product Terms, where all applicable conditions will be detailed. Below are the key protections offered by this commitment. Please note that this is not an exhaustive list, and the relevant contractual terms will reflect the details.
- It will be extended to paid versions of Microsoft commercial Copilot services and Bing Chat Enterprise. It will not extend to any free products, custom-built Copilot services, or consumer products or services, even if identified as a Copilot.
- It covers third-party IP claims based on copyright, patent, trademark, trade secrets, or right of publicity – please refer to the FAQs for more details on the claims covered and exclusions.
- It covers the customer’s use and distribution of the output content generated by the Copilot services, but not the customer’s input data, modifications of the output content, or uses of output that the customer knows or should know will infringe the rights of others.
- It requires the customer to use the content filters and other safety systems built into the product and the customer must not attempt to generate infringing materials, including not providing input to a Copilot service that the customer does not have appropriate rights to use.
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