Selling News, Selling Facts? (copyright law/news reports/AI)
Selling News, Selling Facts? (copyright law/news reports/AI)
Li Dongtao
Description: If the news on current affairs is combined with commentary and analysis from journalists, it may be a work.
A. The Case
This is a universal fact
Learn more to earn more[1]
This is a case about “fact”.
The plaintiff is a newspaper.
The defendant is a .com company.
In late 1997, the plaintiff began publishing financial news reports on its website. If people want to read news reports online, they must become registered users and pay a monthly fee. The news reports were combined with some comments and analysis from journalists of the newspaper.
At the beginning of 1998, the defendant began publishing financial information on its website. This included news and reports that were the same as those of the plaintiff, but without reference to the plaintiff’s name and the names of the journalists. LDT
The plaintiff sued the defendant for copyright infringement.
The defendant argued that the copyright infringement was not established because news reports were news on current affairs, the facts and not copyrightable.
The court ruled that the copyright infringement was established because though news on current affairs were facts and not copyrightable, but the news reports on the plaintiff’s website had been combined with commentary and analysis from journalists of the plaintiff, and so were no longer simple collections of facts or events, making them copyrightable works.
In short, not universal fact, use more, infringe more.
B． AI: A legal risk
In the hall of souls,
20 years ago, major newspapers began publishing online editions of their newspapers.
Now AI system acts as a “copilot”, can provide a similar service, a competitor of newspapers.
By the end of 2023, New York Times sued Open AI and Microsoft for using its articles to train AI Models.[3]
What does this mean?
If the copyright infringement were established, OpenAI had to rebuild its database.
[1] This is a universal fact POEM by Amir Samji at www.poetry.com/poem/88542/this-is-a-universal-fact
[2] fail POEM By Joe fritz at www.poetry.com/poem/70818/fail
[3] The New York Times sues OpenAI and Microsoft for copyright infringement By Clare Duffy and David Goldman at edition.cnn.com/2023/12/27/tech/new-york-times-sues-openai-microsoft/index.html
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