Yes, depending on the type of document sent, the rights attached to that content and the tool’s terms of use.
The risk mainly concerns three areas: copyright, database licences and professional secrecy.
What the Munich court held
On 11 November 2025, the Regional Court of Munich I handed down a decision in GEMA v OpenAI.
The dispute concerned protected song lyrics that some models could reproduce almost word for word.
The court held that storing a work in a model’s parameters could constitute a reproduction under German copyright law when the content could later be reproduced.
It also distinguished copies needed for text and data mining from lasting storage in the model.
This decision is not, however, final: OpenAI has appealed.
Why copy-and-paste into AI can raise a problem
In practice, a lawyer may be tempted to copy an extract of legal literature into a chatbot to ask for a summary or an analysis.
That step is not always neutral. The content may be protected by copyright or subject to the contractual terms of a database.
The risk increases if the service used keeps the content sent to it or reuses it to train its models.
Before sending a document to an external AI, check whether you actually have the right to use it in that way.
The profession’s recommendations
In July 2025, the German Bar Association, the Deutscher Anwaltverein (DAV), also drew attention to these questions.
It recalls in particular that transferring protected content to the servers of an AI provider may require a licence or another legal basis.
The framework is not yet fully settled, but the message is clear: using an AI tool does not relieve you of the duty to check the rights attached to the documents sent.
Database licences also matter
Copyright is not the only rule to take into account. The general terms of your subscription to a legal database may limit how the content is used.
A licence may for example allow a document to be consulted and downloaded, without allowing it to be sent to an external tool or used to train a model.
An extract of legal literature or a publication accessed through a subscription cannot automatically be used in any AI.
Before copying content from a licensed database, check what the contract actually allows.
Professional secrecy adds another layer of risk
A document may be freely usable from a copyright perspective while still containing information covered by professional secrecy.
A lawyer who sends the names of the parties, confidential facts or a defence strategy to an external service must know how that data is processed.
It is necessary in particular to check whether it is stored, who can access it, in which country it is processed and whether it is used to train the models.
Our article on AI and data protection sets out the applicable rules in more detail.
Can you really ask AI to forget a document?
Deleting a conversation or asking a tool to forget a piece of information does not necessarily mean that content built into a model’s training disappears from its parameters.
Research has shown that a model can sometimes reproduce stored content despite the mechanisms designed to prevent that reproduction.
The best protection remains to avoid from the outset sending a training system any content that should not be built into it.
Licences are taking a growing place in Europe
The European framework is gradually moving towards greater transparency on the data used to train the models.
Intellectual-property disputes are also pushing providers and rightholders to spell out the terms on which content may be used.
For legal professionals, good practice is not to assume that digitally accessible content is automatically free to use in an AI.
What Silex brings, and what it does not settle
Silex states that it does not use its users’ documents to train its models.
With Silo, internal documents can be analysed in a dedicated environment without being built into the training of a general model.
According to Silex, data is hosted in Switzerland by Infomaniak. The guarantees stated are set out on the security and professional secrecy page.
This architecture does not, however, automatically settle the question of the rights attached to the document.
If an extract comes from a licensed database, the terms of that licence remain applicable, even if the tool used is secure.
Integrations into professional tools
Bordier & Cie uses Silex for its legal research.
The tool is also integrated into certain professional software, as shown by the announcements about Silex in WinLex and SkyLex and Silex and MCR Solutions.
The partnership between Silex and EXPERTsuisse concerns in particular audit, tax and fiduciary professionals.
Also check the quality of the answers
Data protection and copyright are not the only risks.
AI can also produce a misinterpretation or an incorrect reference.
Silex states that it links its answers to verifiable legal sources so that the professional can check the information before using it.
Human validation therefore remains necessary. The tool prepares the analysis, but the lawyer decides whether the answer can be taken up in a brief, a contract or an opinion.
On errors produced by content generated too quickly, read our article on when AI efficiency becomes a flaw. To compare the tools, see also our guide on how to choose a legal AI assistant.
Before sending a document to an AI
- Check the rights: does the licence or copyright allow this use?
- Check the data: does the tool keep or reuse the document to train its models?
- Look at the hosting: where is the document stored and processed?
- Keep human validation: can you check the sources and the result before using it?
If one of these questions remains without a clear answer, it is better not to send the document to the tool.
For personal use, also see our guide on legal AI for individuals.
In short
Using AI can raise a copyright, licence or professional-secrecy issue depending on the document sent and how the tool works.
The Munich judgment of November 2025 illustrates the debate on models memorising works, but it is still under appeal.
Before sending a document to an AI, check the rights of use, the contractual terms, the data processing and the possibility of checking the result.
A secure tool limits some risks, but it replaces neither the check of the licences nor the professional’s judgment.
The product, solutions and pricing pages present Silex’s offering. To test the tool on a real question from the firm, you can book a demo.
