Addressing Copyright Concerns in the Era of Generative AI: Indian News Publishers Seek Fair Compensation

In the realm of artificial intelligence, the advent of generative AI models has ushered in a new era of content creation and dissemination. These AI-powered systems, capable of generating text, images, and even music, possess the potential to revolutionize various industries. However, as generative AI continues to advance, concerns over copyright infringement and the fair use of content have emerged as pressing issues, particularly for news publishers.

The Call for Fair Compensation

The Digital News Publishers Association (DNPA), representing a collective of 17 prominent media publishers in India, has taken a proactive stance in addressing these concerns. In a letter sent to the ministries of electronics and information technology and information and broadcasting, the DNPA emphasized the need to protect publishers from potential copyright violations by AI models. Sujata Gupta, secretary general of DNPA, stressed the importance of ensuring that companies and large language models (LLMs) utilize data fairly and transparently while ensuring appropriate compensation for the sources from which the content is derived for training purposes.

The Impact of Generative AI on Content Creators

The advent of generative AI models, including Indian LLMs like Krutrim AI and OpenHathi, poses challenges and concerns similar to those faced by the New York Times and Pulitzer-winning authors in the United States. These AI models have the potential to significantly impact publishers’ business models, raising questions about the fair use of copyrighted content.

Addressing the Legal Framework

The current Indian copyright law, the Copyright Act, 1957, does not explicitly address the concept of training AI models. Legal experts have pointed out that the concept of “fair dealing” in Indian copyright law may not provide adequate defense for AI companies if they derive commercial gains from their LLM models. This could potentially lead to copyright infringement disputes in Indian courts.

The Role of Ethics and Transparency

Legal experts have emphasized the importance of AI companies adopting a conscientious approach and applying ethical considerations at the data feeding stage of LLM training. Swati Sharma, partner and head of intellectual property at law firm Cyril Amarchand Mangaldas, stressed the need for AI companies to give due credit to original authors, exercise caution in the selection of data used, and incorporate copyright notices and disclaimers to ensure transparency.

The New York Times Lawsuit

In December 2022, the New York Times filed a lawsuit against ChatGPT-maker OpenAI and Microsoft, alleging that millions of its articles were used illegally to train AI chatbots that compete with the news outlet as a source of information. The lawsuit seeks to hold the companies accountable for “billions of dollars in statutory and actual damages” and demands the destruction of chatbot models and training data that utilized copyrighted materials.

OpenAI’s Response

OpenAI responded to the lawsuit, stating that it supports journalism and believes that training AI models using publicly available internet materials is “fair use” under US copyright law. The company argued that the lawsuit is “without merit” and expressed its willingness to cover its customers’ legal costs in case of copyright infringement lawsuits.

The Need for Collaborative Solutions

Experts have emphasized the need for collaborative solutions to address copyright concerns in the era of generative AI. Copyright contracts could become more complex, with provisions on the use of works for AI model training, royalties, and license fees. OpenAI’s commitment to cover customers’ legal costs is a positive step, but further discussions and agreements between content creators, publishers, and AI companies are necessary to ensure fair compensation and protect intellectual property rights.

Conclusion

As generative AI continues to evolve, the issue of copyright infringement and fair compensation for content creators remains a critical concern. The DNPA’s efforts to seek changes to the IT Rules in India and the ongoing legal battles in the United States underscore the need for a comprehensive approach to address these issues. Collaborative solutions, ethical considerations, and transparent practices are essential to ensure a balanced ecosystem where both AI innovation and the rights of content creators are respected.