OpenAI negotiating with Fox, CNN, and Time to license content

OpenAI

According to persons familiar with the subject, OpenAI is in talks with CNN, Fox Corp., and Time to license their work, as part of a growing push to obtain access to news content to expand its artificial intelligence products while facing claims of copyright infringement. The startup behind ChatGPT, a platform that allows users to easily generate text, code, and other content using simple prompts, is looking to strike arrangements with a variety of news, video, and other digital media companies to help the AI chatbot become more accurate, relevant, and up to date. OpenAI is also facing lawsuits for copyright infringement.

OpenAI is considering licensing articles from Warner Bros

According to one of the people who spoke on the condition of anonymity to discuss private concerns, OpenAI is considering licensing articles from Warner Bros. Discovery Inc.’s CNN for use in training ChatGPT as well as including CNN content in OpenAI’s products. CNN and Fox are negotiating not only the licensing of text but also video and image content, according to the sources. CNN and Fox have declined to respond. Jessica Sibley, CEO of Time, said in a statement that the publication “is in discussions with OpenAI and we are optimistic about reaching an agreement that reflects the fair value of our content.” OpenAI’s discussions with the three publishers had not previously been publicized.

OpenAI told Bloomberg News last week that it is in talks with dozens of publications about license deals, but did not name any specific companies. These collaborations are critical to OpenAI’s future, as it must balance the requirement for current, reliable data to construct its models with public scrutiny of where that data comes from. The New York Times, one of the organizations the AI startup had been in talks with, sued OpenAI and Microsoft late last month for utilizing its content without authorization. In response to a request for comment on publisher conversations, an OpenAI spokesman cited the company’s latest blog post, which mentioned “continued collaboration with news organizations.”

“Our goals are to support a healthy news ecosystem, be a good partner, and create mutually beneficial opportunities,” OpenAI said in the blog post-Monday, pushing back at the Times’ lawsuit. The company said it has “pursued partnerships with news organizations” to train its AI systems on “non-publicly available content” and show “real-time content with attribution” in ChatGPT. OpenAI stated that it is in talks with the News/Media Alliance, a trade association that represents over 2,200 media outlets globally, “to explore opportunities, discuss their concerns, and provide solutions.” According to recent New York Times reporting, the AI firm has reportedly discussed partnerships with Gannett, News Corp., and IAC. 

The Washington Post has not been in talks with OpenAI in recent months

Some other significant media businesses are preparing to negotiate with OpenAI. “We have had prior dialogue with a wide range of developers, including OpenAI, which we expect may now transition into commercial discussions about the use of our journalism to build and power their products,” Guardian News & Media, which publishes The Guardian, said in a statement. OpenAI recently inked a multiyear licensing deal with Politico’s parent company Axel Springer SE for tens of millions of dollars, Bloomberg previously reported. In July, OpenAI announced an agreement with the Associated Press for an undisclosed amount.

Not all big publishers are rushing into negotiations with OpenAI, however. The Washington Post has not been in talks with OpenAI in recent months, according to a spokesperson for the publisher. One media executive, who spoke on condition of anonymity, said their company is considering taking legal action against OpenAI, similar to the New York Times. Publishers’ primary issue is pay. The Information previously claimed that OpenAI has offered publishers between $1 million and $5 million per year to license their publications.

According to those familiar with the subject, that range is regarded as too low by some of the industry’s leading publishers. According to one of the sources, certain media businesses are willing to pay a price closer to Axel Springer’s. One media executive, who requested anonymity to discuss private topics, expressed doubt that a productive arrangement with AI companies could be achieved until the courts clarified how copyright law applied to generative AI. Some in the sector are also calling on the US Congress to intervene.

“Current Gen AI tools have been built with stolen goods”

On Wednesday, a Senate Judiciary subcommittee convened a hearing on the oversight of AI in journalism. During the hearing, Condé Nast CEO Roger Lynch requested Congress to issue rules requiring a license to utilize copyrighted content in commercial generative AI. “Current Gen AI tools have been built with stolen goods,” that’s what he said. Several sources familiar with media discussions emphasized the importance of how OpenAI would promote publisher content, as well as how much traffic would be sent back to media sites to grow their audience. OpenAI has stated that one of its negotiation goals is to provide real-time content from publishers with attribution.

The stakes are high for OpenAI to maintain access to copyrighted works. In a submission this month to the UK’s House of Lords, OpenAI said “It would be impossible to train today’s leading AI models without using copyrighted materials,” given how much online content is protected by copyright. “Limiting training data to public domain books and drawings created more than a century ago might yield an interesting experiment,” the company said, “but would not provide AI systems that meet the needs of today’s citizens.”

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