Thompson Coburn partner Michael Parks weighed in on the evolving relationships between news organizations and AI companies in a recent Bloomberg Law article. While some companies are taking legal action against AI companies, others are choosing to license content.
Several media outlets have already locked in deals for content licensing with OpenAI. While the exact terms of the agreements remain private, they could be written to factor in the outcomes of pending litigation, Michael told Bloomberg Law.
"If I were advising an AI company on this, I would encourage them — to the extent they can do this — to write the agreement in the way that that royalties are only required to the extent that the use would be an infringement, but for having the license agreement or paying the royalty," he said.
Whatever the eventual outcome, litigation will likely last years and so won't warp the licensing market anytime soon, he said. "These cases are going to be appealed until the Supreme Court or Congress addresses the issue. As these AI engines are trying to grow and develop, it behooves them, to a certain extent, to go ahead and get the certainty now and not wait for the courts to roll so they can just go about their business and develop their technologies."
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