Journalism faces yet another tech-driven crisis: AI-powered Google search deprives news publishers of as much as 30% to 40% of their web traffic as users stay on Google rather than following the links. What’s more, users of other AI chatbots, such as ChatGPT and Claude, can search for clickless news as well. Now an expert on copyright and licensing has come up with a possible solution.
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Paul Gerbino, president of Creative Licensing International, writes that publishers need to move away from negotiating one-time deals with AI companies to scrape their content for training purposes. Instead, Gerbino says, they should push for a system by which they will be compensated for the use of their content on a recurring basis, whether through per-use fees or subscriptions. As Gerbino puts it:
Training is a singular, non-recurring event that offers only a front-loaded burst of revenue. It possesses no capacity to scale or recur at the level required to effectively sustain the complex and costly operation of the publishing industry….
The singular, non-negotiable strategic imperative for every publisher is to execute a complete and fundamental pivot from the outdated mindset of “sell content once” to the forward-looking, sustainable model of “monetize access forever.”
It’s a fascinating idea, although we should be cautious given that forcing Google and other platforms to pay for the news they repurpose hasn’t gone much of anywhere over the years. When such schemes have been implemented, they’ve been hampered by unexpected consequences, such as threats to remove all links to news sources. It’s not clear why Google would suddenly flip because it’s now using AI.
Gerbino acknowledges this, arguing that publishers should negotiate with the AI companies collectively, observing: “Individual publishers operating alone possess negligible leverage against the behemoths of the AI industry. Collective frameworks represent the only viable path to successful negotiation.” But that may require passage of a law so that the publishers don’t run afoul of antitrust violations.
Gerbino also says that publishers need to develop paywalls that are impervious to AI. Not all of them are.
The possibility that a substantial part of the news audience will never move beyond AI-generated results — no matter how wrong they may be — represents a significant threat to publishers, who are already dealing with the challenge of finding a path to sustainability in a post-advertising world.
Gerbino has laid out some interesting proposals on how to extract revenues from AI companies, which may represent the biggest threat to news since the internet flickered into view more than 30 years ago. It remains to be seen, though, whether his ideas will form the basis for action — or if, instead, they will simply fade into the ether.
