PROTECT YOUR INTELLECTUAL PROPERTY AS YOU START USING AI
I purposely titled this in all caps. It is the virtual version of the foot stomps you would hear if I was standing onstage delivering my TED talk to you. Spend the necessary time to digest and really understand this information.
How to Protect Your AI Company, Your Code, and Your Likeness Before You Scale. Learn the risks and the rules.
Anyone can now build with AI.
But very few understand what they’re giving away in the process if they’re using free accounts.
The difference between a billion-dollar company and a compromised experiment isn’t talent or timing.
It’s ownership.
Ownership of your data, your models, your prompts, and your likeness.
Build everything correctly from the start, protect intellectual property, and defend digital identity in an era where the lines between creator, code, and clone are vanishing.
BUILD WHAT YOU OWN, AFTER SHIELDING YOUR INTELLECTUAL PROPERTY FIRST
When I start a new company, my first principle is simple.
Build the thing that FOREVER STAYS MINE.
Every decision from entity formation to cloud architecture flows from that.
FIRST PRINCIPLES
Speed is worthless if it costs your ownership.
Incorporate a Delaware C-Corp and assign all intellectual property to it immediately.
Make every founder, employee, and contractor sign invention assignment and confidentiality agreements.
File trademarks and copyrights early.
Secure a domain, repository, and encrypted vault under company control.
Use enterprise-grade AI providers with written data-control terms.
******Never rely on no-code builders or free chat accounts for proprietary work******
Design for swapability so your model router, vector store, and orchestration logic can move between providers.
Choose systems that make you faster and freer.
THE IP RISKS INSIDE CHAT APPS
When you use a FREE chat account to test ideas, write prompts, or iterate strategy, you are working inside someone else’s lab.
You do not control data retention.
You do not know where your inputs are stored.
You may have granted the provider a license to reuse your material for model improvement.
Trade secret protection collapses because the information has been shared outside a controlled NDA environment.
Under U.S. law, trade secrets only exist while you take reasonable measures to protect them.
Type them into a public or consumer-tier chat and that protection evaporates.
If your startup scales, investors will find this during diligence and you will face expensive IP remediation to clean the contamination.
Outputs created on free tiers are not exclusively yours.
Chat logs can be subpoenaed or disclosed under provider terms.
Unpaid infrastructure often shares logs across regions or teams.
Lack of a clear IP chain lowers investor confidence and company value.
WHEN STARTING A COMPANY
Move to enterprise or API-based accounts with explicit data-control terms.
Keep all prompts, fine-tunes, and datasets in private repositories you own.
Use synthetic data in early testing.
Track model versions and provenance.
Treat prompts as source code, not casual chat.
Free tiers are for learning the model’s behavior, not for building assets that define your company.
AI CLONES
Your face, voice, and image are now intellectual property.
They are not content.
They are ASSETS.
When you upload video, voice, or photos to a platform, you create biometric data, derivative models, and synthetic works.
Each carries different ownership and consent implications.
Most free or consumer-grade apps require you to grant broad licenses allowing them to host, reproduce, and modify your likeness data.
That license authorizes storage, training, and promotional use.
Once your likeness is in a model’s training corpus, it cannot be extracted.
That is the digital point of no return.
The risks are serious.
Identity replication across users.
Commercial misuse of your voice or image.
Deepfake confusion that erodes brand trust.
Derivative works that are co-owned or unprotectable.
Data stored abroad that falls outside U.S. legal protection.
Protect yourself:
Use enterprise or self-hosted environments for training.
Retain exclusive rights in writing.
Prohibit training or promotional use in vendor contracts.
Encrypt and watermark all likeness data and synthetic outputs.
Trademark your name and digital persona.
Keep versioned records of every likeness model under your control.
Your voice and face are modern trademarks.
Protect them as fiercely as your source code.
WHAT HAPPENS IF YOU SCALE WITHOUT THESE CONTROLS
When startups explode without these foundations, the fallout is predictable.
Ownership disputes stall funding and acquisitions.
Confidential data leaks trigger compliance fines.
Competitors clone your outputs and claim fair use.
Public confusion over clones destroys trust.
Vendors end up controlling both your infrastructure and your identity.
A house built on borrowed data cannot survive the wind.
THE EXECUTIVE QUESTIONS
Do you own your code, data, and models outright?
Are all founders and contractors under invention-assignment agreements?
Is your platform under enterprise or DPA-compliant terms?
Have you opted out of model training on your data?
Can you migrate to another provider within twenty-four hours?
Are your secrets stored in a vault?
Do you have a clean audit trail for your IP chain?
Have you registered your trademarks and likeness rights?
Do your terms of service reserve full ownership of outputs?
Would your company survive public exposure of your chat logs?
If any answer is no, fix it before you scale.
THE RULE THAT DEFINES MODERN AI ENTREPRENEURSHIP
Never build intelligence in an environment you do not control.
Never train a clone on a platform that can own you back.
The companies that will dominate this decade are not just building AI.
They are owning the rails of their intelligence legally, technically, and ethically.
That is how you build an empire that lasts when the algorithms change.
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Theresa Elliott
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PROTECT YOUR INTELLECTUAL PROPERTY AS YOU START USING AI
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