Skip to content
Find the one thing keeping your team from doing more. 20 free questions.Take the free AI check
Operations / 6 min read

What do you own
in
a custom AI solution?
Only what
the contract lists.

A custom AI solution is software built for one job in your company, on a rented AI model. What you own when it’s done is whatever the contract lists.

The proposal says “custom AI solution” on the cover and runs eleven pages. Somewhere in there should be the answer you’ll want in two years: if we part ways, what do we keep?

A cut-paper shelf of identical white boxes, and beside it a figure at a bench fitting a chartreuse puzzle piece into a slot cut for it.
A cut-paper shelf of identical white boxes, and beside it a figure at a bench fitting a chartreuse puzzle piece into a slot cut for it.

Often it isn’t there. The question comes up the week you want to leave, which is the worst week to ask it.

A custom AI solution is a build on top of a rented model

Most custom builds come in five layers, whoever makes them.

The model stays rented either way. Everything above it is yours only if the contract names it.

The contract says nothing
Your data

Yours, but can you export it?

Workflow and prompts

Unclear

The code that connects it

Unclear

The cloud account

In the name of whoever opened it

The AI model

Rented

The contract names each layer
Your data

Yours, with a full export whenever you ask

Workflow and prompts

Yours, in files your team can edit

The code that connects it

Yours, in your own repository

The cloud account

In your company’s name

The AI model

Still rented, with the right to switch

Your data sits on top, and it’s yours before anyone starts. Below it are the workflow and the prompts written for your job. A prompt is the written instruction the model follows. Then comes the code that links the system to your other software, and the cloud account it runs in.

At the bottom is the AI model, the engine that reads and writes. A handful of companies train these and rent out access. OpenAI, Anthropic and Google are the names you’ve heard. Almost no company your size builds its own.

Paying for a build doesn’t make it yours

A builder’s fee pays for the three middle layers: the workflow and prompts, the code, and the cloud account setup. Who owns them afterward is a separate question, and the contract answers it.

If the code sits in the builder’s repository, you can use the system. You can’t take it anywhere.

Open the proposal you’re weighing and find the line that says whose repository the code goes into. If there’s no such line, that’s your first question for the builder.

76%of enterprise AI uses were bought rather than built in 2025. In 2024 it was 53%.Menlo Ventures, December 2025. Menlo invests in AI software companies. It counts uses at large companies, not spending.

Buy off-the-shelf when the job is common

My read: if a product already does your job and fits how your team works, buy it.

Meeting notes, transcription, scheduling and inbox sorting are common jobs. Plenty of companies sell tools for them.

In one year, large companies went from close to an even split to buying three uses in four.

Build custom when the job is yours alone

A job is yours alone when its steps follow your business, not your industry.

You don’t have to pick one route for the whole company. Products can take the common jobs while one build takes the job that’s yours. The plain-language guide to AI automation covers the upkeep a build like that needs once it’s running.

Build only the part nobody sells, and buy the rest.

6 CHECKS

Get each layer in writing before the first payment

Hand this list to whoever reads your contracts. It isn’t legal advice.

  • The codedelivered into a repository in your company’s name.
  • The prompts and workflow settingsin files your team can open and edit.
  • Your data and everything the system producedexportable in a standard format whenever you ask.
  • Any model trained or tuned for youand the files that hold what it learned, called weights.
  • A list of the outside and open-source parts inside itwith the license each one comes under.
  • The right to move the whole thing to another providerand help doing it.

What a build costs follows how many systems it connects and how messy the inputs are. Ask for a fixed quote on one small first piece, and put this list in that first contract.

The AI consultant guide covers what to keep from any outside firm. The agency guide covers the files behind a content workflow. This list is for a build, one layer at a time.

Ask before the first payment. After it, you’re asking a favor.

The law won’t settle ownership for you

Copyright mostly doesn’t decide who owns AI output.

In January 2025, the US Copyright Office said AI-assisted work is protected only where a person contributes enough of the expression. Prompts alone don’t count, so much of it may belong to nobody.

Contracts fill that gap, and they vary. WIPO, the UN agency for intellectual property, has a guide for small and medium firms that covers this. It cites a 2024 study of 13 AI companies’ terms of service. The trend it found:

On who owns what you put in, the terms said almost nothing. So your contract list does more for you than any law you could look up.

Your turn

Before you sign with any builder, ask them to walk you through how you’d leave. If they have to think about it, nobody has planned for it yet.

Switching builders is a handover only if you hold the code, prompts, data and cloud account

If the old builder keeps even one of the four, you start again.

Expect to switch something. Models get replaced by newer ones. The firm that built your system may be gone in three years, or may no longer be the right one.

One question decides whether the next builder picks up your system or starts from nothing.

Own the code, prompts, data and cloud account, and the next builder picks up your system. One question: code, prompts, data and cloud account, are they all yours? Yes, all four, leads to a handover: a new provider runs it on your real work. No, the old builder keeps one, leads to a rebuild: the next builder starts from nothing.Own the code, prompts, data and cloud account, and the next builder picks up your system. One question: code, prompts, data and cloud account, are they all yours? Yes, all four, leads to a handover: a new provider runs it on your real work. No, the old builder keeps one, leads to a rebuild: the next builder starts from nothing.

With all four yours, a new provider can point the system at the same model or a newer one. Then they run it on your real work.

That’s the line we hold on custom AI builds. Every line of code sits in your own repository. It runs on your accounts, and the logins are yours from day one.

Questions owners ask about custom AI solutions

  • What are custom AI solutions?

    Software made for one job inside your company. It runs on an AI model rented from a company like OpenAI, Anthropic or Google. Who owns the rest gets settled in the contract.

  • Should we build custom AI or buy off-the-shelf?

    Buy for the jobs every company has, as long as the product fits how your team already works. Save the build for the one job no product covers.

  • How much does a custom AI build cost?

    No fair figure exists until the job is named. Then it turns on what the build touches, the state of what it reads and who runs it later. Start small, at a fixed quote, and decide on the rest after.

  • Who owns a custom AI system?

    Whoever the agreement names. The AI model inside it is rented. The code, prompts, workflow settings and cloud account are yours only if they’re written in.

  • Can I copyright what my AI system produces?

    Only the parts where a person contributed enough of the expression, the US Copyright Office said in January 2025. Writing the prompt isn’t enough on its own.

  • What happens if we want to switch AI providers?

    Own the code, prompts, data and cloud account and the next provider takes over where the last one stopped. If the old builder holds any of them, expect a rebuild.

Find the one job worth building.

Book 20 minutes with Tony. Bring the one job you’d build, and leave knowing whether to buy it instead and what to get in writing.