Lawmakers in the Senate Judiciary Committee have expressed support for legislation that would require AI companies to establish licensing agreements with news organizations. The move comes in response to concerns over the exploitation of copyrighted content by big tech firms. The lawmakers referenced their failure to adopt previous legislation aimed at preventing the unauthorized use of content by tech companies, highlighting the need for regulations in the rapidly evolving field of artificial intelligence.
The debate revolves around whether the use of copyrighted material by AI companies falls under the “fair use” doctrine or constitutes copyright infringement. While courts continue to grapple with this issue, AI firms continue to utilize copyrighted content for training their algorithms. This poses a financial threat to the media industry, as readers increasingly rely on AI-generated search results rather than directly accessing news sources.
During a hearing on AI oversight in journalism, the CEO of Condé Nast called on Congress to clarify the legality of using news content for AI training purposes. He emphasized the importance of licensing agreements and suggested that the free market would facilitate such arrangements. Several senators supported this proposal, with one senator going further and advocating for compensating individuals whose data is utilized by generative AI.
The hearing also shed light on the difficulties faced by news organizations negotiating licensing deals with AI companies. The New York Times recently filed a lawsuit after unsuccessful negotiations with a major AI firm. Some news organizations accept lower licensing offers, while others resort to costly legal battles. Concerns were raised about AI companies building their business models on “stolen goods,” leading to calls for legislation to address this issue.
Nevertheless, some experts cautioned against protectionist legislation, arguing for a broader interpretation of the fair use doctrine. They also highlighted that facts themselves cannot be copyrighted, allowing journalists to report common information without infringing on copyrights. The issue of Section 230 of the Communication Decency Act, which grants legal protection to tech firms, was also debated, with lawmakers questioning the applicability of this protection to AI-generated content.
In addition to copyright concerns, lawmakers expressed worries about the proliferation of deep fakes and voice clones. A bipartisan coalition of House lawmakers introduced legislation to prohibit the unauthorized distribution of digital replicas and to grant individuals exclusive rights over their image, voice, and likeness.
The proposed legislation seeks to strike a balance between protecting the rights of news organizations and fostering innovation in the AI industry. As AI continues to reshape the media landscape, lawmakers are compelled to address the challenges and implications of AI-generated content.