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<\/p>\nGo online and ask AI \u2014 the abbreviation for artificial intelligence \u2014 this question: \u201cWhat is theft of copyrighted newspaper material?\u201d<\/p>\n
The answer is thorough.<\/p>\n
\u201cTheft of copyrighted newspaper material, legally termed copyright infringement, is the unauthorized reproduction, distribution or public display of a publication’s protected works. Under U.S. copyright law, this occurs when someone copies or republishes articles, photographs, or graphics without permission from the original publisher.\u201d<\/p>\n
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American Opinion logo<\/p>\n
Forum News Service<\/p>\n
The AI robot continues: \u201cNewspaper content theft typically happens through digital scraping \u2026 plagiarism \u2026 and unauthorized reproduction.\u201d<\/p>\n
The irony is thick. Whereas AI is smart enough to be able to explain the specifics behind copyright infringement, it does not mention its own theft of content.<\/p>\n
Hopefully, a lawsuit filed this month by hundreds of newspapers nationwide will rein in what has become AI\u2019s rampant theft of protected content.<\/p>\n
According to a report from the New Jersey Globe, the lawsuit was filed against OpenAI and Microsoft, alleging that the tech companies are using copyrighted material to train and develop commercial AI products. They\u2019re doing it without compensation or permission.<\/p>\n
As reported by the Globe, they\u2019re doing it by appropriating \u201coriginal news content to build their AI systems,\u201d which the suit claims violates the Copyright Act and is \u201cthreatening the future of local journalism.\u201d<\/p>\n
One thing to remember: Anyone who takes newspaper content without paying for it and without seeking permission is actually stealing. Those folks who copy and paste entire stories onto their Facebook page or some other website are indeed stealing.<\/p>\n
Is it worth the newspaper pursuing legal action? Probably not, and the perpetrators know it.<\/p>\n
Would they be as smug and transparent if they stole a pack of gum? Would they publicize the theft? And wouldn\u2019t the general population look down on them if they did?<\/p>\n
Yet it happens \u2014 often.<\/p>\n
There is an allowance called \u201cfair use.\u201d That\u2019s essentially what lets people and entities \u2014 newspapers, for instance \u2014 use limited portions of copyrighted material without permission, albeit for specific purposes.<\/p>\n
Fair use allows quoting excerpts for the purpose of commentary, reviews, teaching or compiling separate news reports. An example is this article itself \u2014 through fair use, we have taken portions of the New Jersey Globe\u2019s report about the newspapers\u2019 lawsuit against AI. And even a portion of AI\u2019s answer when we asked it about copyright theft.<\/p>\n
Using a portion of a single story to help make a point is one thing. Ingesting millions of copyrighted works and then using the results to build massive blocks of information \u2014 and monetizing that information, to the detriment of the original creators \u2014 is another thing altogether.<\/p>\n
The courts likely will consider whether AI\u2019s use of the copyrighted material is \u201ctransformative,\u201d or whether it adds new meaning. They also likely will consider the \u201ceffect of the use upon the potential market for or value of the copyrighted work.\u201d Both factors are noted in wording of the U.S. Copyright Act. The former may be debatable, but the latter seems obvious.<\/p>\n
It\u2019s good to see the newspapers band together against AI\u2019s tactic. Newspapers do often employ fair use, but it’s limited because our business model is to create new and original content.<\/p>\n
AI\u2019s business model, however, seems rather simple: Steal content and monetize it.<\/p>\n
This American Opinion editorial is the view of the Grand Forks Herald Editorial Board. Send feedback to: <\/p>\n
opinion@wctrib.com.<\/a><\/p>\n
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