
Tomorrow's Business Today
The looming legal battle between newspapers and AI
The use of AI in newsrooms and PR offices runs hot and is getting hotter.
It seems particularly popular among the under 30s for whom it is normal to get help from a robot when writing, whether the document is a news story, a press release or a note to Mum.
They may find legal restrictions coming their way about what is “fair use” and what is not.
Fair use is a well-established legal principle. If an MP gives a quote to Sky News, I can use it.
It’s honest if I attribute the quote – “he told Sky News…” – but I don’t have to.
He said it, I reported it. It’s fair use.
What happens if publishers think vast swathes of their expensively curated content is being ripped off?
Lawsuits.
Large Canadian publishers are suing OpenAI for billions of dollars.
They say the use of their work is not fair. And moreover, that the robots only learnt how to replicate journalism by practising on their words for free.
They want about $15,000 for every article they say was misused in this way.
The publishers say: “News media companies invest hundreds of millions of dollars into reporting Canadians’ critical stories, undertaking investigations and original reporting, and distributing media in both official languages in every province and territory across this country. The content that Canadian news media companies produce is fact-checked, sourced and reliable, producing trusted news and information by, for, and about Canadians. This requires significant investment, and the content produced by news media companies is protected by copyright.”
OpenAI says its content is based on “publicly available data” and moreover, in the public interest.
You might think that if you subscribe to the FT, you can use its content as you wish.
But how many subscriptions does, say Goldman Sachs, have to take out before the FTagrees it’s a sound deal?
OpenAI has offered some news organisations money to licence their content. But they look like piddling amounts, not nearly enough to cover the publisher’s costs.
The New York Times has also filed a suit – many others soon will.
Most likely, a settlement will be reached and everyone can just carry on, more or less.
If it does get to court, well, anything could happen.
Hack and flak legal departments are going to be busy staying on the right side of this one.
Individual hacks and flaks might find their work roles impacted, might find they are told they can’t just let a robot copy out the Wall Street Journal and call it job done.
Thus far, in the battle between old news organisations and big tech, there has only been one winner. This one looks like a real fight.
Please send candidates for press release of the day to: Simon.english@roxhillmedia.com

Press release of the day
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We do have more savings options than ever before.
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