Who can sell company work files to AI developers?

Data brokers are seeking internal business records for AI development, according to Steven Levy's November 6 reporting in WIRED. His account describes interest in workplace documents, messages and other records. For business owners receiving such an approach, the first question is who has authority to license the material.

Start with ownership and existing promises

The U.S. Copyright Office's work-for-hire guidance explains that qualifying work created by an employee within the scope of employment generally has the employer as its author and copyright owner. Commissioned work has separate requirements. A review should therefore examine how each file was created and what the relevant employment, freelance or client agreements say.

Copyright is only one part of the review. A company archive may also contain customer information, confidential commercial terms or material supplied under restrictions. Before considering a transfer, identify those categories and ask qualified counsel which obligations apply to the proposed use.

Privacy promises deserve particular attention. In 2024 guidance, Federal Trade Commission staff warned AI service providers about failing to honor commitments concerning customer data. A separate FTC staff post cautioned that quietly changing privacy terms to permit new uses, including AI training, could be unfair or deceptive. Those warnings are reasons to review existing promises, not assume a new contract resolves them.

A practical review before sharing

Owners can prepare for that discussion without uploading an archive or accepting an offer:

Inventory the proposed files. Record their creators, business purpose and the people or organizations whose information appears in them. Include attachments and comments, not just the visible document text.

Map permissions. Gather relevant contracts, confidentiality terms and privacy notices. Identify unanswered questions about consent and who can approve the transaction.

Request specific buyer terms. Ask who will receive the files, whether onward transfers are allowed, what uses are proposed and how long copies will be kept. Seek a clear explanation of any promised de-identification and its limitations.

Set a review gate. Name the person responsible for legal and security approval. Keep a record of the exact materials and uses approved before any transfer.

A cautious first response can request written terms without supplying sample work files. That gives the business something concrete to assess while preserving its ability to decline.

This is a general business checklist, not a legal conclusion about any particular file or offer. The answer depends on the material, agreements and applicable law.