Editor’s Note: The legal battle between major media publishers and AI firms has reached a new flashpoint with a lawsuit against Cohere Inc., a Canadian AI startup valued at over $5 billion. Fourteen prominent publishers, including Condé Nast, The Atlantic, and Forbes, have accused Cohere of widespread copyright infringement, alleging that it used their content without authorization to train its AI models. This case underscores the intensifying conflict between traditional journalism and AI-driven content generation, raising critical questions about intellectual property rights, AI ethics, and the future of media monetization. As litigation unfolds, its outcome could shape how AI companies engage with copyrighted material and influence future regulations on AI training data.


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Industry News – Artificial Intelligence Beat

Publishers Launch Legal Battle Against AI Firm Cohere for Copyright Infringement

ComplexDiscovery Staff

In a bold legal move that underscores the growing tension between traditional media entities and artificial intelligence companies, a group of fourteen influential publishers, including Condé Nast, The Atlantic, and Forbes, have initiated a lawsuit against Canadian AI startup Cohere Inc. The litigation, filed in the U.S. District Court for the Southern District of New York, accuses Cohere of engaging in ‘massive, systematic’ copyright infringement by allegedly using over 4,000 copyrighted works from these publishers to train its AI models without permission or compensation.

The lawsuit reflects an escalating conflict where media companies seek to protect their intellectual property rights against the expanding capabilities and market reach of AI technologies. Cohere, a company valued at over $5 billion, stands accused of not only appropriating content but also of reproducing and distributing text through its AI-powered platforms, effectively undermining the publishers’ referral traffic and tarnishing their brands.

Danielle Coffey, president and CEO of the News/Media Alliance, an organization representing news and magazine publishers, emphasized the significant implications of the lawsuit. She asserted that news organizations play a crucial role in informing society and fostering the free exchange of ideas. However, she argued that their ability to continue fulfilling this role is threatened when AI companies like Cohere utilize publishers’ content without permission or compensation to compete directly with their businesses, thus undermining their financial viability.

The publishers allege that Cohere’s actions represent a calculated effort to capitalize on their creative content to enhance its AI services, thereby drawing potential audiences away from legitimate sources. Incidents of ‘hallucinations’—where the AI generates content that either misrepresents or invents details—have been particularly concerning. A case in point involves a misattribution occurrence where Cohere’s bot erroneously fused details about the 2023 Hamas attack on the Nova music festival in Israel with a 2020 shooting in Nova Scotia, Canada, illustrating how such errors can result in reputational damage to the publishers named as sources.

The Plaintiffs argue that Cohere’s practices violate the U.S. Copyright Act, seeking statutory damages of $150,000 for each of the more than 4,000 instances of alleged infringement. This case is not an isolated one, as other media companies have previously taken similar legal actions, including a notable case where The New York Times sued OpenAI and Microsoft over unauthorized use of its content.

Cohere, through its head of communications, Josh Gartner, has dismissed the lawsuit as ‘misguided and frivolous,’ and maintained that the company adheres to responsible practices in training its AI systems. Gartner voiced that Cohere had extended opportunities for dialogue regarding the publishers’ concerns but only learned of these issues through the legal proceedings.

The backdrop of this lawsuit is a growing landscape where AI companies are frequently targeted for their content usage practices. In December 2023, The New York Times initiated legal action against OpenAI, echoing similar grievances. These lawsuits reveal an industry grappling with evolving technological efficiencies and the resultant need for a legal framework that upholds the existing intellectual property protections while accommodating the innovations of AI entities.

As this case progresses, it will serve not only as a bellwether for future legal challenges between traditional media and AI developers but also as a potential catalyst for regulatory changes governing AI training data licensing. The outcome could set precedents for how AI firms might legally and ethically use content for both training and real-time tasks.

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