The Copymight Coalition: Organizing Against AI

Currently, dozens of copyright infringement lawsuits have been filed against AI companies. Some represent musicians/songwriters, others represent authors, journalists, comedians and other types of media.

However, despite that diversity, they all have one thing in common. They are either class action lawsuits or lawsuits filed by major media players. Whether it’s record labels, large image licensing companies or news organizations, it’s the large media companies that are leading the charge against AI companies in the courtroom.

But the same can also be said with licensing content to AI systems. Whether it’s Disney striking a deal with OpenAI, The New York Times reaching an agreement with Amazon or Getty striking a deal with Perplexity, large rightsholders have been signing lucrative deals with AI companies.

At every turn, smaller creators have been largely shut out of this process, especially writers. Whether you run a blog like this one, independently publish books, or operate Substack, Medium or a similar account, it’s relatively safe to say that AI systems have been trained on your work, regardless of permission and without compensation.

The Copymight Coalition is hoping to change that.

The idea is pretty simple. Individual creators don’t have the resources or bargaining power even to get the attention of AI companies. By banding together into a large group, the Copymight Coalition hopes to create a force that AI companies cannot simply ignore.

It’s a simple idea that writers should at least be aware of as they try to determine what relationship they want with AI.

Understanding the Coalition

Disclosure: I have signed up for the Copymight Coalition. Also, though the link is unique to this site, it is neither an affiliate link nor a paid link. The Copymight Coalition does not sponsor this post in any way.

The coalition is targeted at smaller, independent writers. The goal is to get a group of authors together to present a united front to AI companies. To that end, there are two main objectives:

1. Litigate Against AI Companies: The first and most obvious is to litigate against AI companies. This can include filing lawsuits against such companies, filing takedown notices, and taking other necessary actions.
2. Collective Licensing: Reaching agreements with AI companies similar to the way performing rights organizations license with bars and restaurants. This enables you to obtain license fees from AI companies for the use of your work.

Getting to that point, however, will be a challenge. Not only will it require a large group of authors, but, since they are based in the United States, they will have to register all of the works at issue. This is one of the project’s main early-phase focuses, as they are working to register a large volume of content from their members, this includes members from all over the world who may not have had a need or desire to register their works in the US previously.

To clarify, any legal action taken would not be a class action lawsuit. Instead, it would be a group lawsuit. This would eliminate many of the issues associated with filing a class action lawsuit.

However, it does mean that, to be effective, the coalition needs to be larger than it otherwise would. That makes these early steps incredibly important to lay the groundwork for what could come later.

Why It’s Necessary

Last week, I wrote an article about compulsory licensing and how both India and the EU were considering similar proposals for licensing content for AI companies.

Such proposals have a myriad of problems. However, they’re tempting for governments because, for better or worse, AI is not going anywhere, and it is impractical to license every single piece of content used in AI training. Compulsory licensing creates a third alternative between carving out a broad copyright exemption for AI companies or requiring opt-in licensing.

Smaller creators are in a situation where they either need to organize or be organized by someone else. As we saw in the SOPA/PIPA debates of late 2011 and early 2012, smaller creators can easily have their voices drowned out by larger players.

But with AI, there’s too much at stake to let that happen. Whether it’s the Copymight Coalition or something similar, organizing is the only way to be heard.

Bottom Line

As I’ve said in my disclosure, I decided to sign up for the Copymight Coalition. For me, it was not a particularly difficult choice, but I do encourage others to read the site and ask questions that they have. It is not a decision to take lightly.

But one thing that has become obvious to me in the past 20 years is that smaller creators are routinely shut out of the conversation on major copyright issues. Though some groups, like the Copyright Alliance, have worked to elevate those voices, it is still a struggle for an individual or independent creator to be heard.

The Copymight Coalition could be a powerful tool on the litigation/licensing side to help smaller creators get the attention and compensation they deserve. I do not think it’s for everyone, perhaps not even most, but for many creators, this may be our best opportunity to be heard and fight back.

To me, that alone makes signing up worthwhile.