Artificial Intelligence and Intellectual Property: A Clash of Interests
The American economy thrives on intellectual property (IP), with 41% of its GDP emanating from IP-intensive industries. From podcasts to newspapers, IP fuels free speech, creativity, and investment in high-quality works.
However, AI companies have been exploiting others’ IP to enhance their products, prompting concerns within the media industry. The Chinese AI app DeepSeek stands as a prime example, demonstrating the hefty price AI companies must pay for using copyrighted content without permission.
Historically, the US has fostered innovation while protecting its outcomes through legal frameworks. But with rapid technological advancements, the law must evolve to keep pace.
In a groundbreaking move, a diverse group of news and magazine members from the News/Media Alliance have filed suit against AI company Cohere Inc., alleging egregious copyright violations. Plaintiffs include Advance Local Media, Condé Nast, and The Atlantic.
Cohere, valued at over $5 billion, has blatantly infringed on copyrighted content without attempting to conceal its actions. In a feature called "Under the Hood," Cohere reveals its sources, including full copies of news articles with precise timestamps of duplication.
The lawsuit documents numerous instances of infringement, including the verbatim lifting of articles and the publication of stories within hours of their original release. In one example, Cohere reproduced an LA Times article in its entirety with minimal modifications.
Despite efforts to safeguard their content through digital measures and direct communication with tech companies, media outlets have witnessed a disproportionate share of the profits going to AI companies.
This lawsuit aligns with the precedent set by The New York Times and News Corp., who have pursued legal action against OpenAI and Perplexity AI, respectively. The goal is to enforce intellectual property rights and deter unauthorized usage.
The suit emphasizes that this is not a rejection of AI but rather an insistence on respecting IP. AI can enhance media offerings, but only if it operates within legal boundaries.
AI companies themselves invoke similar claims of IP protection. For instance, Meta has accused Bright Data of scraping data in violation of its terms of use, and Sam Altman of OpenAI has decried DeepSeek’s alleged algorithm piracy.
Responsible AI practices and potential legislation offer hope for improvement. However, the most immediate need is the reinforcement of legal protections against theft.
Danielle Coffey, President and CEO of the News/Media Alliance, emphasizes the importance of this legal action in safeguarding the rights of content creators and fostering an equitable environment where innovation and creativity can thrive.
