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Holding·last review4 Jun 2026

A solo agency delivering AI-assisted work to a client needs four contract clauses by Aug 2026 — disclosure of AI use, IP warranty carve-out for AI-generated portions, training-data exclusion of client materials, and a liability cap tied to fee paid — without which the agency carries strict liability under EU AI Act Article 50 plus contract-law warranty exposure on copyright.

Operators register, Risk and Governance cross-category. Reader cohort: solo or 2-10-person agency (design, dev, copy, marketing) delivering AI-assisted artifacts to clients; EU and UK primary; €50-€500/hr rate band. Cadence 30-day through Aug 2026 (Article 50 secondary acts and EC implementation guidance expected through 2026); then 45-day. Anchor sources cited inline: EU AI Act Article 50 (EUR-Lex official text, Regulation 2024/1689), UK IPO consultation on AI and copyright, US Copyright Office AI guidance Mar 2023 + updates, WIPO AI policy tracker, SCL templates, Bird & Bird / Pinsent Masons / Stibbe AI briefings. Four-clause framing: (1) disclosure in SOW for Article 50 transparency; (2) IP warranty carve-out for AI-generated portions in MSA/addendum; (3) training-data exclusion binding agency to business-tier or API configs in MSA/addendum; (4) liability cap at fees-paid-prior-6-months confirmed to cover AI-deliverable disputes. Trigger conditions to revisit before next cadence: (a) EC publishes Article 50 implementation guidance on what 'clear and distinguishable' deployer disclosure requires — updates Clause 1 skeleton; (b) UK IPO consultation concludes with position on Section 9(3) CDPA for generative AI — updates Clause 2 skeleton for UK-serving agencies; (c) US Copyright Office issues updated guidance narrowing or extending protection for AI-generated outputs with material human editorial input — updates Clause 2 framing for US-client work; (d) first named EU or UK court ruling on AI-deliverable copyright — would sharpen Clause 2 carve-out materially; (e) Anthropic or OpenAI changes default training-data exclusion terms on business or API tiers — updates Clause 3 named configurations. Sister claims: OPS-018 (1-page AI policy for small business — internal governance side), OPS-039 (AI invoicing and VAT compliance — operator-selling side), AM claim on EU AI Act Article 50 (enterprise deployer framing).

Published
12 May 2026
Last reviewed
4 Jun 2026
Next review
+16d· 4 Jul 2026
Cohort
solo or 2-10-person agency, EU and UK, €50-500/hr rate band
Cadence
30-day through Aug 2026, 45-day from Sep 2026
Sibling claim
OPS-0181-page AI policy for small business
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The claim: A solo agency delivering AI-assisted work to a client needs four contract clauses by Aug 2026 — disclosure of AI use, IP warranty carve-out for AI-generated portions, training-data exclusion of client materials, and a liability cap tied to fee paid — without which the agency carries strict liability under EU AI Act Article 50 plus contract-law warranty exposure on copyright.

About this register

The Operators register tracks claims published from practitioner-advisory pieces addressed to solo founders, micro-SMB, and small businesses up to around fifty people. Claims are reviewed on a 30–45 day cadence — tooling and SMB-relevant pricing shift faster than enterprise procurement signals.

Recent corrections in Operators

  • OPS-068 · Partial · 17 Jun 2026

    Source-text re-review: the '$300-$500 (2024) toward $100-$130 (early 2026)' median trajectory is not stated in either cited source — the Godberry Studios teardown reports stack cost by revenue tier (not a year-over-year median) and BetterCloud's SaaS-industry data covers enterprise spend, not solopreneur AI subscriptions. The compression direction is supported by the Godberry tier data and observable foundation-model bundling; the specific year-anchored median figures are reclassified as source:our-estimate in the article. The load-bearing claim (active compression / category-collapse) holds; status moved to Partial pending a primary source carrying a dated solopreneur-median series.

  • OPS-051 · Partial · 10 Jun 2026

    One named member of the generation cluster was already defunct at publication: Tome shut down its presentation/narrative product (Tome Slides) in March 2025 and pivoted to sales tooling, with the brand later sold to AngelList (deckary.com shutdown timeline; signalhub.substack.com post-mortem, both checked 10 Jun 2026). The generation cluster reduces to Pitch + Gamma. The two-cluster thesis itself is unaffected and arguably strengthened — the pure AI-narrative product failed to find a sustainable business while Gamma (70M users, $100M ARR as of Nov 2025) and the assembly cluster (PandaDoc, Better Proposals, Proposify per Luniq 2026 agency comparison) both compound. Status Up → Partial for the factual error in the tool list.

  • OPS-022 · Partial · 10 Jun 2026

    Vendor attribution error in the claim text. The claim names Polley Faith among 'Spellbook with named small-firm customers Westaway, KMSC Law, Polley Faith'. Polley Faith LLP is a Harvey-listed law-firm customer, not a Spellbook customer: the live Spellbook site (now spellbook.com; spellbook.legal 301-redirects) names Westaway, KMSC Law, and McInnes Cooper with no Polley Faith, and the source article's own body correctly places Polley Faith on Harvey's roster — the claim text and the article excerpt bundled it with the wrong vendor at publish. The remaining legs verify against extracted source text on 10 Jun 2026: Anthropic's GC AI customer story carries 'More than 1,500 companies' and '14 hours saved per week on average ... based on a survey of more than 100 active customers' verbatim; Harvey's published roster (Thompson Hine, Fox Rothschild, Lowenstein Sandler, Polley Faith) matches; ABA Formal Opinion 512 remains the governance baseline. The corpus reading (AI ships at 1-to-20 lawyer scale; privileged work stays on Enterprise-tier zero-retention access) is unaffected. Status Up -> Partial.

Reviews coming up in Operators

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