TL;DR:
- Publishers’ trade association warns members that generative AI tools using their content archives may violate copyright laws.
- The use of copyrighted works in AI systems exceeds fair use and is subject to legal analysis.
- Generative AI tools often go beyond the authorized use defined in publishers’ terms and conditions.
- Draft guidelines aim to facilitate discussions between publishers, generative AI companies, and regulators.
- Concerns include potential infringement of paywalled information and impact on website traffic.
- Publishers emphasize their rights to monetize original content and seek proper compensation.
- OpenAI states compliance with fair use regulations and content agreements.
- Stronger regulations and clear attributions in generative AI tools are proposed.
- Some publishers actively embrace generative AI, recognizing its transformative potential.
- Implications of generative AI on copyright continue to shape conversations within the publishing industry.
Main AI News:
The rise of generative artificial intelligence (AI) has caught the attention of publishers, with concerns about potential copyright violations. A leading publishers’ trade association, including prominent entities like the New York Times, the Washington Post, Disney, and NBCUniversal, has warned its members that AI tools utilizing their archives may infringe upon copyright laws.
According to a draft of guidelines shared with Marketing Brew by Digital Content Next (DCN), the association asserts that “copyright laws protect content creators from the unlicensed use of their content.” The guidelines highlight that employing copyrighted works in AI systems can be subject to legal analysis under copyright and fair use laws. Furthermore, it states that the use of publishers’ original content for training and output purposes by AI systems is likely to exceed the boundaries of fair use as defined in the Copyright Act and established case law.
The document, titled “Principles for Development and Governance of Generative AI,” has been crafted with input from members to equip publishers with a valuable resource for engaging in discussions with generative AI companies, regulators, and internal stakeholders. Jason Kint, CEO of the trade group, emphasizes that the objective is to facilitate constructive conversations surrounding the implementation of generative AI technology.
While the advertising industry enthusiastically embraces generative AI, many publishers have expressed apprehensions regarding its impact on the media ecosystem. Concerns have been raised about whether AI-generated responses are extracting information from behind paywalls and the potential implications of these tools on website traffic.
Moreover, publishers are troubled by the possibility that AI models have been trained on their archived content without appropriate compensation or acknowledgment from the original publisher. Chris Pedigo, SVP for government affairs at DCN, stresses the rights of publishers, stating, “Publishers created this original content. They have a right to monetize it, and any sort of unauthorized use of it undermines their business model and is a violation of copyright law.”
Sam Altman, CEO of OpenAI, the creator of ChatGPT, has mentioned the company’s efforts to ensure compliance with fair use regulations. Altman states that OpenAI has established agreements for content usage and acknowledges the importance of fair use as a legal doctrine permitting the use of copyrighted material under specific circumstances.
Although Kint declined to comment on the possibility of legal action by its members concerning generative AI-related copyright concerns, he emphasizes that publishers deserve a seat at the table to discuss potential compensation and how information derived from their archives should be credited. Negotiations should take place to address these issues effectively.
The draft guidelines propose the implementation of stronger regulations to safeguard publishers’ intellectual property. They also call for generative AI tools to include clear and prominent attributions, ensuring users are aware of the original sources of the output and encouraging them to access those sources.
Several publishers have indicated their belief that generative AI holds more than just hype and have begun using it on their own platforms. In May, the Washington Post formed an “AI Taskforce” to explore the significant opportunities presented by AI. Jim Vanderhai, co-founder, and CEO of Axios, predicted in a column that AI would soon revolutionize the media industry, comparable to the transformative impact of the internet two decades ago.
Representatives from OpenAI participated in a DCN board meeting in April, according to Kint. The DCN’s board of directors comprises representatives from Fox News, the Associated Press, Warner Bros. Discovery, and other prominent media organizations. Marketing Brew reached out to OpenAI for comment but received no response.
In a related development, the News Media Alliance, another publishing trade group, recently held meetings with its members to discuss the implications of AI, as reported by The Wall Street Journal. The concerns surrounding generative AI and copyright issues continue to shape the conversations within the publishing industry.
Conclusion:
The publishers’ association’s emphasis on copyright concerns surrounding generative AI highlights the need for clarity and regulations in the market. Publishers aim to protect their intellectual property and ensure proper compensation for the use of their original content. The industry will likely see ongoing discussions and negotiations between publishers, generative AI companies, and regulators to address these copyright issues effectively. Additionally, the active adoption of generative AI by some publishers indicates its growing significance in transforming the media landscape.
