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.

The post Senate Judiciary Committee to Hold Hearing on Oversight of Artificial Intelligence (AI), Future of Journalism appeared first on News/Media Alliance.

Facts of the case
In 1981, Lynn Goldsmith photographed and held copyright for a photograph of singer and musician Prince. Three years following the photo shoot, Goldsmith licensed the use of the photo to Vanity Fair and the magazine commissioned artist Andy Warhol to create a silkscreen work based on the photo, to be used as an illustration alongside an article about the musician in the magazine. The agreement was for a one-time use of the photograph, with permission from Goldsmith and with her credited. However, Warhol used the photo as the basis for his Prince Series without Goldsmith’s knowledge. After Prince died in 2016, Condé Nast (Vanity Fair publisher) created a tribute magazine for him using Warhol’s illustration, as licensed by the Andy Warhol Foundation (“AWF”), on the cover of the magazine without crediting Goldsmith. When Goldsmith became aware of this, she informed AWF of her intent to take legal action. In the U.S. District Court for the Southern District of New York, the judge ruled for AWF in finding that the illustration fell under fair use, leading Goldsmith to appeal to the Second Circuit. After the Second Circuit ruled in Goldsmith’s favor, the Warhol Foundation petitioned the Supreme Court. On June 17, 2022, the News/Media Alliance filed an amicus brief with the Supreme Court.

Question for the Court
The Court considered whether the “purpose and character” of Warhol’s Prince illustration in the Condé Nast tribute was considered transformative in a commercial context such that it could be considered as a “fair use” defense to copyright infringement.

Decision
In a 7-2 ruling, the Court decided that the Andy Warhol Foundation violated photographer Lynn Goldsmith’s copyright and the use of the photograph was not protected by fair use. Justice Sonia Sotomayor delivered the opinion, stating, “The use of a copyrighted work may nevertheless be fair if, among other things, the use has a purpose and character that is sufficiently distinct from the original. In this case, however, Goldsmith’s original photograph of Prince, and AWF’s copying use of that photograph in an image licensed to a special edition magazine devoted to Prince, share substantially the same purpose, and the use is of a commercial nature.” Justice Kagan filed a dissenting opinion, in which Chief Justice Roberts joined.

Free press implications
The decision creates implications for copyright infringement and fair use boundaries impacting journalism. Authoring the dissenting opinion, Justice Elena Kagan stated that the decision “will stifle creativity of every sort. It will impede new art and music and literature. It will thwart the expression of new ideas and the attainment of new knowledge. It will make our world poorer.”

For further reading, please visit:

• SCOTUSblog: Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
• NPR: Supreme Court sides against Andy Warhol Foundation in copyright infringement case.
• New York Times: Ruling Against Warhol Shouldn’t Hurt Artists. But It Might.
• Smithsonian Magazine: Supreme Court Rules That Andy Warhol Violated a Photographer’s Copyright

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Our competition is not another news outlet in Philadelphia, it’s the 24 hour clock, it’s Netflix, it’s YouTube, it’s scrolling through Instagram. So how are you going to break through in someone’s day, so that they feel compelled to read your content, and further compelled to pay for that content. We think about this in terms of our content strategy in the newsroom, we strive to be useful, revealing and responsive, that’s the lens that we look through what we produce.

– Lisa Hughes, The Philadelphia Inquirer

Guest: Lisa Hughes, Publisher, The Philadelphia Inquirer

How can magazines and newspapers innovate to attract and keep subscribers in an increasingly competitive landscape? What must news and magazine publishers do to continue to keep their readers engaged over the long-term?

In this episode of News Take, Lisa Hughes, the first female Publisher of The Philadelphia Inquirer, joins News/Media Alliance VP, Research & Insights, Rebecca Frank, for an insightful conversation about the evolution of magazine and newspaper media during a time of rapid change. Hughes shares how she’s led with innovation at top magazine and news publications to introduce successful new products and brands that have kept readers and subscribers coming back for more. She talks about her very first experiences working in the magazine publishing business, and how she rose through the ranks to become a top executive at The New Yorker and Condé Nast Traveler before making the transition to Philadelphia’s flagship newspaper, The Philadelphia Inquirer, where four weeks in she found herself brand new and having to adapt and respond amid a nationwide shutdown due to the Covid-19 pandemic. She shares how innovative strategies and products, including live blogs, newsletters and gamification have been successful in driving audience engagement, as well as the potential of new platforms such as TikTok for meeting audiences where they are. She also talks about the risks and opportunities that come with new technologies such as generative AI and where she sees the technology having the most potential to optimize the reader experience.

Listen or download the audio file to listen offline:

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Speaker bio:

Lisa Hughes is Publisher of The Philadelphia Inquirer. As Publisher, Hughes brings to the role an impressive track record, having successfully transitioned an iconic print brand into a multi-platform, profitable business. Hughes is the first woman Publisher and Chief Executive Officer in The Inquirer’s 190-year history. Hughes is known as a skilled business executive who values and respects journalism. Under her nine-year leadership, The New Yorker, owned by Condé Nast, grew from a largely print-only magazine into a multimedia enterprise. Over the past decade, The New Yorker revamped its website and paid digital content strategy and built award-winning mobile apps. Hughes launched the acclaimed New Yorker Radio Hour and Podcast, and restructured The New Yorker Festival into a profitable business. She left the company at the end of 2017. Prior to The New Yorker, Hughes served as VP Publisher of Condé Nast Traveler for 10 years, steering that magazine through the most successful period in its history.

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Send your suggestions for future News Take guests to Alliance VP, Research & Insights Rebecca Frank at rebecca@newsmediaalliance.org.

News Take Production Team:

Host and Executive Producer: Rebecca Frank, VP, Research & Insights, News/Media Alliance

Production Support, Editing & Distribution:

Georgi-Ann Clarke, Social Media & Content Manager, News/Media Alliance
Rachel Fox, Manager, Membership & Events, News/Media Alliance
Lindsey Loving, Director, Communications, News/Media Alliance

Audio & Video Engineer: Current Media Group

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The post News Take Episode 203: Pioneering Innovation at Legacy Magazine and News Media Brands appeared first on News/Media Alliance.