How The Generative AI Boom Proves We Need Journalism

Danielle Coffey, CEO and president of the News/Media Alliance, believes journalism and generative AI can play nice.

But first, generative AI companies must get real about the value journalism brings to their products.

“This doesn’t have to be a zero-sum game,” Coffey told AdExchanger. “These innovative technologies are very promising, but it doesn’t have to be at the expense of journalism.”

AI companies acknowledge the value of journalism, Coffey said… So, she argued, they should look at working with journalists as part of the cost of doing business – similar to how Netflix or Spotify compensate content creators for their IP.

Click here to read the rest of the Q&A on AdExchanger‘s website.

Related:

News/Media Alliance Artificial Intelligence articles

Alliance CEO Op-Ed: Can AI companies and media publishers work together?

AI White Paper: How the Pervasive Copying of Expressive Works to Train and Fuel Generative Artificial Intelligence Systems Is Copyright Infringement And Not a Fair Use

AI Principles

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Opinion: Can AI companies and media publishers work together?

Licensing agreements and permissions would protect the news industry’s work while delivering higher-quality AI content

Generative artificial intelligence has the potential to reshape the digital economy and alter the online experience for millions of consumers. Systems that rely on large language models have already ushered in rapid changes to the news media landscape, and many journalists today are using these tools. But as these technologies become more prevalent, we must develop appropriate guardrails that protect the intellectual property rights of media publishers.

Every day, publishers in print and digital media invest in the creation of high-quality content that is informative, trustworthy and engaging.

Click here to read the rest of the op-ed on The Mercury News‘s website.

Related:

News/Media Alliance Artificial Intelligence articles

AI White Paper: How the Pervasive Copying of Expressive Works to Train and Fuel Generative Artificial Intelligence Systems Is Copyright Infringement And Not a Fair Use

AI Principles

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FOR IMMEDIATE RELEASE

Arlington, VA – Today the Senate Judiciary Subcommittee on Privacy, Technology, and the Law will hold a hearing at 2:00 p.m. ET, on “Oversight of A.I.: The Future of Journalism,” which will explore the impact of the growth of generative artificial intelligence (GAI) technology on publishers’ ability to provide high-quality journalism and possible oversight mechanisms to help protect and sustain quality journalism.

Witnesses scheduled to testify at the hearing include Danielle Coffey, President & CEO of the News/Media Alliance (written testimony here); Roger Lynch, CEO at Condé Nast (written testimony here); Curtis LeGeyt, President and CEO of the National Association of Broadcasters (written testimony here); and author Jeff Jarvis (written testimony here).

Coffey’s comments before the Subcommittee will explain how Generative AI tools exploit news content to compete directly with publishers, yet need quality journalism to train their systems. Coffey will focus on the copyright infringement implications of how GAI developers train and use their models, as well as the need for legislation, including requiring transparency and responsibility from GAI developers, and passing the Journalism Competition & Preservation Act (JCPA), which would allow publishers to collectively negotiate for fair compensation for use of their content by the dominant tech platforms, such as Meta and Google.

Since generative AI technology took off exponentially last year, the News/Media Alliance has been leading the call for AI companies to seek proper permissions and licensing from publishers for use of their valuable content. Last fall, the Alliance published a White Paper revealing that GAI systems copy massive amounts of publishers’ original works, almost always without authorization or compensation, and publisher content is overweighted in materials used for training these systems. The White Paper and comments the Alliance submitted to the U.S. Copyright Office also explain the legal implications of such use.

In response to the hearing, News/Media Alliance President & CEO, Danielle Coffey stated, “We commend Subcommittee Chair Richard Blumenthal and Ranking Member Josh Hawley and the Senate Judiciary Committee for recognizing the urgent need to address our very serious concerns about the impacts of AI technology on providers of quality journalism, as well as the legal questions this raises. AI companies are scraping our content to compete with it – usually without any compensation to, or permission from the publishers of that content – while they reap all the benefits. This is classic freeriding that infringes publishers’ copyrights and goes far beyond fair use.”

Coffey’s testimony offers multiple suggestions for policymakers, including:

• Recognizing that unauthorized use of publishers’ expressive content for commercial GAI training and development is likely to compete with and harm publisher businesses in a manner that infringes copyright;
• Creating transparency requirements to require the recordkeeping and disclosure of unauthorized training uses of material that is protected by copyright, by technical protection measures, or governed by contractual terms prohibiting scraping; and
• Adopting legislation to remedy existing market imbalances that prevent publishers from engaging in fair negotiations for the use of their content against dominant platforms.

A new report released by the Medill School of Journalism at Northwestern University in November found that the rate of newspaper closures has accelerated, now at 2.5 closures per week (with more than 130 confirmed newspaper closings or mergers in the last year), resulting in the expansion of news deserts, in which communities lack a source of local news.

Coffey concluded, “For years the tech platforms have gotten away with using publishers’ content without appropriate compensation. This problem, having gone unaddressed, has been getting worse and now, AI doubles down on the threat the largest tech platforms pose to publishers’ viability. Countries all over the world are introducing and passing legislation requiring the tech platforms to pay news publishers. The United States cannot fall behind other countries and should pass the JCPA, which will ensure publishers can continue to provide important high-quality journalism we all depend on. We have to act now before it’s too late.”

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

The News/Media Alliance is a nonprofit organization representing more than 2,200 news and magazine media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

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FOR IMMEDIATE RELEASE

Arlington, VA – Today the California Senate Judiciary Committee will hold an Informational Hearing on “The Importance of Journalism in the Digital Age.” Senator Tom Umberg is holding the Hearing to give California legislators the opportunity to learn more about the state of journalism in the state, the challenges local newsrooms face and potential solutions, and how the California Journalism Preservation Act (CJPA, AB 886) in particular can help support a vibrant free press.

The CJPA would require Big Tech platforms such as Meta (which owns Facebook and Instagram) and Google to pay news publishers a “journalism usage fee” to use the content of eligible digital journalism providers, as defined in the bill. Currently, creators of journalistic and creative content are not adequately compensated for the use of their work that takes a tremendous investment to produce.

The CJPA was introduced by Assemblymember Buffy Wicks (D-Oakland) in March and passed out of the California State Assembly in June in a floor vote of 46-6 before it was held over to the next session. The Informational Hearing will provide legislators the opportunity to ask questions and provide input before the bill is brought up early in the next session in 2024.

“We applaud Assemblymember Wicks and Senator Umberg for their commitment to sustaining journalism and their dedication to the California Journalism & Preservation Act (CJPA),” said News/Media Alliance President & CEO Danielle Coffey. “By holding this informational hearing and having an open dialogue, they are showing their ardent commitment to preserving quality local journalism that supports a healthy democracy and providing their constituents with important information about their communities. Without meaningful action, news outlets will continue to disappear.”

News outlets, especially small, local ones, are shuttering at alarming rates as revenues decline and costs rise. California has lost more than 100 newspapers in the last decade.

A new report from the Medill School of Journalism at Northwestern University last month raised the level of urgency surrounding the local news crisis, finding that one-third of the newspapers in the U.S. in 2005 will be gone by 2024. Previous reports had estimated the timeline to reach that milestone would occur in 2025, which indicates that the pace of closures has accelerated. Most of the communities that lose their local newspaper do not get a replacement or have a digital source for local news for their community.

When local newspapers shutter, there is a significant detrimental effect on communities whereby civic engagement goes down, corruption goes up, and the ability to combat disinformation grows increasingly difficult.

When newsrooms are full, the public reaps the rewards. The CJPA would also promote the hiring of more journalists, requiring news publishers to invest 70 percent of the profits from the usage fee into journalism jobs.

The News/Media Alliance has been vocally advocating for legislation at the federal level since 2018. The Journalism Competition & Preservation Act (JCPA), which was reintroduced by Antitrust Chairwoman Amy Klobuchar (D-MN) and Senator John N. Kennedy (R-LA) on March 31 (S. 1094), passed through Senate Judiciary Committee markup in June.

The dominant tech platforms have become de facto gatekeepers of journalism, setting rules for how news content is displayed, prioritized, and monetized. They reap the majority of the financial benefits of sharing publishers’ original content without incurring any of the costs of gathering and reporting news their users want and rely on. The CJPA and JCPA directly address these challenges and are a crucial part of the solution to preserving local journalism.

Coffey added, “With similar laws being passed around the world, we are seeing more and more support for getting this legislation passed countrywide. We must act now to protect and support publishers of high-quality journalism, who work tirelessly to keep our communities safe and informed through their reporting. We look forward to the CJPA moving to a Senate vote next year and working with policymakers in California to implement the CJPA and restore fairness and balance to the marketplace.”

For more information on the federal JCPA, visit www.JCPABill.com.

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Media contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

The News/Media Alliance is a nonprofit organization representing more than 2,200 news and magazine media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

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Arlington, VA – Today News/Media Alliance President & CEO Danielle Coffey is attending as an invited participant in a bipartisan forum hosted by Senate Majority Leader Chuck Schumer on “AI – Transparency, Explainability, Intellectual Property, & Copyright.”

This is the seventh AI Insight Forum that seeks to further innovation and develop bipartisan artificial intelligence legislation that takes the opportunities as well as the threats of AI technology into account. Also participating in the forum are 19 leaders from various industries, including the news media, entertainment, and tech industries.

Today’s Forum focuses on two key areas of AI policy: 1) transparency and explainability and 2) intellectual property and copyright, including addressing concerns around the use of copyrighted content in training and prompting. These are the most vital artificial intelligence concerns for the Alliance’s members.

In addition to a written statement provided in advance of the Forum, Coffey will provide oral remarks sharing the unique perspective of the news and magazine industry.

Coffey stated, “I am honored to be invited by Majority Leader Schumer, Senator Rounds, Senator Heinrich, and Senator Young to participate in this AI forum and I look forward to the dialogue. This is a critical time in the evolution of AI technology, and it is important to strike the right balance of creativity, innovation, regulation, and respect for existing rights. We must ensure that publishers of high-quality journalism whose content is being used to train AI systems have a seat at the table.”

The Alliance – whose members comprise over 2,200 news and magazine media organizations and their multiplatform businesses in the U.S. and globally – has been leading the call since the advent of generative AI chatbots earlier this year for AI companies and developers to properly compensate publishers of quality journalism for use of their valuable content to train generative AI systems (GAI).

In April, the Alliance released AI Principles for the news and magazine media industry, which highlight the overarching principles that must guide the development and use of GAI systems as well as the policies and regulations governing them. Among other things, the AI Principles outline the need for GAI developers to obtain explicit permission for use of publishers’ intellectual property, and for publishers to be able to negotiate for fair compensation for use of their IP by these developers. In addition, the Alliance helped organize the publication of Global AI Principles in September, endorsed by 31 organizations representing thousands of creative professionals around the world, including news, entertainment, magazine, and book publishing companies and the academic publishing sector.

On October 31, the Alliance released a White Paper entitled, “How the Pervasive Copying of Expressive Works to Train and Fuel Generative Artificial Intelligence Systems Is Copyright Infringement And Not a Fair Use,” which shows that GAI systems have been developed by copying massive amounts of the expressive material published by the Alliance’s members, almost always without authorization or compensation, to create new products and services that frequently compete with Alliance member publishers.

The Alliance also recently submitted comments to the U.S. Copyright Office on the use of publisher content to power generative artificial intelligence technologies (GAI). The comments, White Paper and accompanying technical analysis together document the pervasive, unauthorized use of publisher content by GAI developers, the impact this may have on the sustainability and availability of high-quality original content, and the legal implications of such use.

The Copyright Office comments and the White Paper offer multiple recommendations to policymakers, including recognizing that unauthorized use of publishers’ expressive content for commercial GAI training and development is likely to compete with and harm publisher businesses in a manner that infringes copyright; creating transparency requirements to require disclosure of the use of copyright protected content in training; encouraging and facilitating effective licensing solutions; supporting international cooperation and harmonization on GAI regulations; and adopting legislation to remedy existing market imbalances that prevent publishers from engaging in fair negotiations for the use of their content against dominant platforms.

Coffey added, “For years the Big Tech platforms have gotten away with using our publishers’ content to add billions to their bottom lines, all while publishers have suffered. Now, the platforms and AI companies are scraping publisher content and using it to train their generative AI systems – again without compensating publishers. This goes far beyond fair use. Journalists, writers, publishers, and other creators make the investments and take the risks while generative AI developers reap the rewards of traffic, data, brand creation, subscription fees, and advertising dollars. This is freeriding, and it is antithetical to established copyright law and the public interest that it serves.”

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

The News/Media Alliance is a nonprofit organization representing more than 2,200 news and magazine media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

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Arlington, VA – The News/Media Alliance applauds the Canadian government for today’s deal with Google for its payment for the use of valuable news content on its Search platform. The amount negotiated is reported to be $100 million per year, down from the $172 million called for by the Canadian government.

The Canadian government passed legislation (C-18, the Online News Act) earlier this year that requires Big Tech platforms such as Google and Meta to pay news publishers for the use of their content. The Online News Act is due to take effect in December.

“This is a very big win for Canadian news publishers and shows that Google will commit to paying fair market value for quality journalism,” stated News/Media Alliance President & CEO Danielle Coffey. “This proves, yet again, that legislation is the only path to sustained right to payment for the fair market value of our quality content. The U.S. must stand up for our vibrant journalism industry and not fall behind other countries. Big Tech cannot continue to harm local news. Congress must protect our democracy and our constitutional right to a free press by implementing legislation that will help sustain quality journalism in America.”

Canada is the latest in a string of countries around the world that have recognized the need to protect quality journalism and passed legislation requiring the tech platforms to pay news publishers for use of their content, including Australia, the United Kingdom, and the European Union.

The Canada bill and today’s deal build momentum for the California Journalism Preservation Act (CJPA – AB 886, introduced earlier this year by California Assemblymember Buffy Wicks (D-Oakland)) – the goal of which will be discussed at an informational hearing next week – and the federal Journalism Competition and Preservation Act (JCPA) (S.1094, reintroduced in March by Senators Amy Klobuchar (D-MN) and John N. Kennedy (R-LA)) in the U.S. The Senate Judiciary Committee voted favorably in June for the JCPA, which would allow digital journalism providers to collectively negotiate with Google and Facebook for fair compensation for use of their valuable content.

The JCPA has broad support, not only in Congress in both the House and the Senate, but also from over 300 consumer interest groups, unions, conservatives, advocacy groups and third-party organizations that have sent letters of support for the JCPA to the bill sponsors.

The tech platforms are the dominant distributors of news content, reaping tremendous financial benefit without compensation to those who create the content. They also capture the majority of U.S. digital ad revenue, leaving local publishers with little to reinvest in the production of high-quality journalism.

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The News/Media Alliance is a nonprofit organization representing more than 2,200 news and magazine media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

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Big tech company Meta, which owns Facebook, has over the years changed course in its relationship with news more times than we can count, pushing news publishers away one moment and pulling them back the next to serve their interests, with little regard for the detrimental impact to publishers, journalism, and readers. This timeline illustrates how Meta has literally flipped from one side to the complete opposite, sometimes in the span of days, and how they have stated their intent to prioritize news, only to cast it off later as old news.

2015

Facebook helps drive traffic to news with Instant Articles, but then takes it away when legislation requiring them to pay publishers starts moving through Congress.

LIKE: In May 2015, Facebook began testing “instant articles” on its platform by directly hosting articles rather than linking off to the news publisher’s site, paying publishers ad revenue. Read more.

DISLIKE: In October 2022 it was announced that Facebook would be ending support of instant articles, scaling back on investments for news. Read more.

2016

Facebook shows off news Curation team, then cuts it when they come under fire for the practice.

DISLIKE: In May 2016, it was revealed that Facebook was using staff to manage the news that appeared in the “trending” section, sifting through terms that the algorithm produced giving them a value based on whether they were reported by major news outlets. Read more.

LIKE: In August 2016, Facebook cut the “curation team” after criticism of bias and took steps to ensure the section would show popular content using algorithms. Read more.

2017

Facebook contracted with news publishers to create live video for them, then abandoned it.

LIKE: In 2016, Facebook signed contracts with nearly 140 media companies and celebrities to pay them to create live video for its Facebook Live service. Read more.

DISLIKE: Less than a year later, in January 2017, it was reported that Facebook was de-emphasizing live video, instead moving toward long-form video content. Read more.

2018

Facebook deprioritizes news in its “Feed,” then says trusted news content will be prioritized.

DISLIKE: In January 2018, Facebook announced that a user’s News Feed would feature more content from family and friends at the top, rather than news content, to maximize content with “meaningful interaction.” Read more.

LIKE: Facebook announces another change just one week later, saying after research showed 56% of users said they wanted to see more local news on Facebook, that news shown on a user’s Feed would be prioritized based on if it is considered high-quality, “trusted news content.”

2019

Facebook launched a special News tab in the U.S. to feature news publisher content, then took it away when legislation around the world requiring tech platforms to pay for news gained momentum.

LIKE: In October 2019, Facebook decides once again to befriend news publishers, launching a dedicated News tab – paying publishers to feature their content – to encourage users to consume news on its platform. Read more.

DISLIKE: In July 2022, Facebook announced it would not renew existing agreements with news publishers to feature their content on Facebook News, signaling that it intended to turn away from news yet again. Read more.

2021

In response to Australia’s intent to pass a law requiring Big Tech to pay news publishers, Meta removed news from Facebook. When the move backfired with the public, it restored news and began negotiations with publishers under the new law.

DISLIKE: On February 17, 2021, Meta removed news from Facebook in Australia in response to the country’s News Media Bargaining Code, which would require them to pay small, local publishers for use of their content. Read more.

LIKE: Again, just one week later, following public backlash for blocking important news and information from the platform, Meta reported that it had reached a deal with the Australian government and would restore news to Facebook in the country, as well as negotiate with publishers under the Code. Read more.

2022

Meta says it will remove news from Facebook in the U.S. if the Journalism Competition & Preservation Act (JCPA) becomes law.

DISLIKE: On December 5, 2022, Meta threatens to repeat its unsuccessful behavior from Australia, saying it would consider removing news in the U.S. if the JCPA (which at the time was included in the defense package set to pass at the end of the year), became law. The JCPA ultimately was not included in the defense bill. Read more.

2023

Meta threatens to remove news from Facebook in California if the California Journalism Preservation Act (CJPA), a bill that would require dominant tech platforms to fairly compensate news publishers for use of their content, passes.

DISLIKE: On May 31, 2023, as the CJPA was headed to a Senate vote and was poised to become law, Meta, up to its usual tricks, threatened to pull news from Facebook if the bill passed, using its dominance to manipulate public policy to the detriment of journalism and Americans. Read more.

Now, Meta is removing news from Facebook in Canada in retaliation against the Online News Act (C-18), which would require them to negotiate with news publishers for payment for use of their valuable journalism.

We’ve seen this before. Facebook’s push and pull is harmful to publishers. Meta should not be allowed to get away with using our content for free.

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Arlington, VA – Eighty-four participants representing news publishers in 25 states across the country will meet with Senators and Representatives on Capitol Hill in Washington, D.C. today as part of a Support Journalism Fly-In hosted by the News/Media Alliance, a nonprofit trade association representing more than 2,000 print and digital news and magazine publishers in the U.S. The Fly-In is being held to advocate for the importance of quality journalistic and creative content and the need for legislative action in the United States.

“Our members are here in Washington today because they are passionate about quality journalism, and right now its future is at risk,” stated News/Media Alliance President & CEO Danielle Coffey. “Current marketplace imbalances and economic headwinds have created an environment where quality is no longer rewarded, and intermediaries benefit at the expense of those who invest in the creative process.  If we allow this to continue, we will lose the invaluable benefits of a free press, which is critical to an informed society and a functional democracy.”

In their meetings with Members of Congress, publishers will discuss the need for fair compensation from the Big Tech platforms in the form of the bipartisan Journalism Competition and Preservation Act (JCPA, S. 1094); protection from unlawful scraping of content by artificial intelligence systems; tax credits such as those stipulated in the Community News and Small Business Support Act (H.R. 4756); and privacy legislation.

Executives representing news publishers of all sizes will be in attendance.

Chris Argentieri, President of California Times, which includes the Los Angeles Times stated, “In times of crisis, in times of curiosity, and in times of concern, people turn to news organizations they trust to provide guidance and information on the news of the day.”

Debby Krenek, Publisher, Newsday Media Group, LLC stated, “Newsday’s reporters are the lifeblood of our communities on Long Island and help establish the bedrock of a healthy democracy by informing and empowering all Long Islanders. Local journalism is not a luxury. It’s a necessity and it is under existential threat.”

Grant Moise, CEO of DallasNews Corporation and President & Publisher of The Dallas Morning News stated, “The Dallas Morning News employs over 600 people, and these colleagues’ dedication and hard work helps keep North Texans informed and empowered daily. In the digital age, journalism faces many threats. We are here to ask you to support our industry, not just for us, but for all Americans.”

Last night the Alliance recognized Senator Amy Klobuchar (D-MN) for her contributions to preserving quality journalism at a “Support Local Journalism” reception held at the Washington Post ‘s headquarters. Senator John Thune (R-SD) will also accept an award for his contributions to sustaining quality journalism at a meeting with publishers today.

Coffey added, “We appreciate the hard work and dedication of Senators Klobuchar, Kennedy and Thune, and we look forward to working with them to save local journalism so that future generations can rely on timely, vetted news and information that impact their daily lives.”

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

The News/Media Alliance is a nonprofit organization representing more than 2,000 news and magazine media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

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The briefing discusses why these provisions are not applicable to the Online News Act in the first place and how, even if they were applicable, the bill would not be in violation of the relevant prohibitions. It also emphasizes the vital public welfare rationale behind the Act – and others, including the News Media Bargaining Code and the Journalism Competition and Preservation Act in the United States – and how this aligns with the Biden Administration’s all-of-government competition initiative. The briefing calls for the USTR to restrain from expressing reservations on the Act, noting that doing so would undermine similar efforts in the United States. Read the full briefing here.

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On July 5, 2023, 18 publisher groups and media associations from around the world issued a joint statement in response to Google and Meta’s threat to take down news in Canada after Canada’s parliament passed the Online News Act (C-18) in June. See the full statement here.

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