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Originality warranty

Risk to the writer: Moderate

The wording

"The Deliverables are original to Supplier and do not infringe the rights of any third party."

Why it is a problem

The clause predates generative AI and was written about copying, not generation. It survives AI use, unlike the copyright assignment, because it is a promise about provenance rather than ownership. This is where agency money actually leaks.

How to fix it

Keep it, and add a sentence making clear that material generated by a model is disclosed rather than silently warranted as original.

Suggested replacement

"The Deliverables are original to Supplier and do not infringe the rights of any third party. Where any portion was produced with generative tools, Supplier shall identify that portion, and the warranty of originality applies to the remaining material."

General information, not legal advice. Have a solicitor or attorney review anything you intend to sign.

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