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.

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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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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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Alliance President and CEO Danielle Coffey stated, “The New York Times’s complaint demonstrates the value of quality journalism to AI developers. These companies repurpose and monetize news content, competing with the very industry they are benefiting from. Quality journalism and GenAI can complement each other if approached collaboratively, but using journalism without permission or payment is unlawful, and certainly not fair use.”

In a White Paper released in October, an analysis commissioned by the Alliance found that there is heavy reliance on journalistic and creative content by AI training models along with verbatim text from articles found in AI outputs.  The findings support a legal claim, parallel to the same findings asserted in The New York Times’s complaint.

Coffey continued, “The value of quality journalism has been debated for years.  We are at a point where the question is not whether quality journalism should be compensated, rather a question of how much.  In the case of AI, copyright protected content used without authorization should be a priority in releasing these technologies to the public so that responsible innovation can live alongside responsible reporting.”

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The News/Media Alliance is a nonprofit organization representing more than 2,200 news, magazine, and digital 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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Reports indicate meaningful monetary value is at stake and a willingness to limit license on display that comes with attribution commitments.

Coffey continued, “We represent the industry and are working on an option available to all publishers in a way that makes sense and provides equity and fairness. OpenAI is doing the right thing to ensure technology and quality journalism exist and thrive in harmony. Our members are exploring all options, and we are ensuring no one is left behind.”

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The News/Media Alliance is a nonprofit organization representing more than 2,200 news, magazine, and digital 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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