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.
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