Publishers Employ Dual AI Strategies: Litigation and Licensing

News publishers are adopting divergent approaches to generative AI developers. Some organisations are suing AI companies over alleged copyright infringement regarding training data. Concurrently, other publishers are entering commercial licensing agreements to monetise their content for AI model development.

The *New York Times* initiated a lawsuit against OpenAI and Microsoft in December 2023. The suit alleges copyright infringement and unfair competition. Similarly, eight US newspapers, including the *Chicago Tribune* and *Denver Post*, sued OpenAI and Microsoft in April 2024. These cases focus on the unauthorised use of published articles for training large language models.

Conversely, several major publishers have opted for licensing deals. Axel Springer, a German media group, signed an agreement with OpenAI in December 2023. This collaboration grants OpenAI access to content from titles like *Politico* and *Business Insider*. The agreement aims to enhance OpenAI's models with authoritative news content. OpenAI will also display attribution to Axel Springer publications in its responses.

The Associated Press formed a licensing agreement with OpenAI in July 2023. This deal allows OpenAI to access AP’s archive of text and images. The AP's CEO stated the agreement would ensure responsible AI development. The Financial Times also entered a content licensing partnership with OpenAI in April 2024. This collaboration provides OpenAI access to the FT’s archive and current content. Like the Axel Springer deal, it includes attribution within OpenAI's platform.

Google has likewise pursued licensing arrangements. The company announced its AI Overviews feature would cite content from news publishers. It also launched its AI Essentials programme, inviting publishers to license content. This initiative aims to compensate publishers for their contributions to AI training and search results. Both strategies reflect a complex and evolving landscape, where some publishers seek redress through litigation, while others pursue direct commercial engagement. How these parallel strategies will shape content consumption and distribution remains to be seen.