New York Times considers legal action against OpenAI as copyright tensions swirl

The New York Times is considering legal action against OpenAI over accusations of copyright infringement in the application of its ChatGPT technology, potentially setting a high-profile legal precedent for copyright protection in AI.

Legal dispute brewing: The New York Times and OpenAI have been in negotiations for a licensing agreement for OpenAI’s use of The Times’ reporting in its AI tools.
* These discussions have escalated to a point where The Times is exploring the potential for a lawsuit, according to sources.
* An essential contention is whether ChatGPT’s generation of text based on The Times’ reporting constitutes direct competition.

The stakes: If OpenAI is found infringing on copyright, possible outcomes include the destruction of infringing articles and financial penalties of up to $150,000 for each willful infringement.
* Daniel Gervais, an intellectual property expert predicts that copyright issues will loom for AI organizations unless they can effectively negotiate solutions.

The broader context: The potential lawsuit comes amid a variety of recent legal actions against OpenAI from content creators claiming unauthorized use of their work.
* Major cases include a class-action suit joined by comedian Sarah Silverman, as well as separate lawsuits against OpenAI and Stability AI by Getty Images.

Legal Precedents: Two legal precedents could potentially influence the outcome of AI copyright disputes.
* The first is a 2015 ruling favouring Google’s use of scanned books under “fair use” doctrine, as it did not create a “significant market substitute” for the books.
* The second is the more recent case where the Supreme Court ruled that Andy Warhol was not protected by fair use with a photograph of Prince, due to similar market purposes and potential replacement risk.

Insight from The Times: The Times’ executives have underscored their intention to protect their intellectual property rights amid increasing utilization of AI in digital space.
* CEO Meredith Kopit Levien has emphasized the necessity of a “fair value exchange” for the use of their content in AI models.

View original article on NPR

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