The New York Times has filed a lawsuit against OpenAI, accusing the tech company of copyright infringement. The newspaper alleges that OpenAI used its articles and other content to train generative artificial intelligence (AI) tools, such as the AI chatbot ChatGPT, without permission. The complaint argues that OpenAI sought to free ride on the Times’s massive investment in its journalism by using millions of copyrighted news articles, investigations, opinion pieces, and more. The New York Times claims that OpenAI gave particular emphasis to its content in training its AI models.
In response to the allegations, OpenAI published a blog post stating that the lawsuit is without merit and highlighting its support of journalism and partnerships with news organizations. It is worth noting that OpenAI had reached agreements with other media companies prior to the lawsuit but failed to reach an agreement with the New York Times.
Unlike other cases involving AI and copyright, the New York Times’ complaint provides specific examples of how OpenAI used its content almost verbatim. This raises questions about the defense of fair use under the US Copyright Act, as the Times alleges that OpenAI’s chatbots bypassed its paywalls to create article summaries, potentially impacting the newspaper’s commercial interests.
The outcome of this case could have significant implications for both traditional media and AI development. It also highlights the need to revisit current copyright laws to better address the challenges posed by AI. OpenAI argues that it would be impossible to train today’s leading AI models without copyrighted materials, emphasizing the importance of balancing copyright protection with the advancement of AI technology.
In the European Union, the AI Act includes provisions relevant to copyright, requiring providers of general-purpose AI models to respect copyright law and obtain authorization from rights holders for text and data mining on copyrighted works. These legal obligations placed on AI models could limit their use of copyrighted material in training and improving their systems.
As media organizations increasingly adopt laws like the EU AI Act to protect their content, AI models may face greater constraints. While this case may not mark the end of generative AI or copyright, it raises important questions about the future of AI innovation and the protection of creative content. Policymakers must take note of these AI developments and update copyright laws to safeguard creators while allowing for technological advancements.
Note: This article is generated by OpenAI’s language model and written by Dinusha Mendis, a Professor of Intellectual Property and Innovation Law at Bournemouth University. The views expressed in this article are solely those of the author and do not represent any company or organization.
