Q: What do publishers need to be aware of when it comes to licensing / IP?
A: First thought is, what do you mean by ‘publishers’? We typically work with subject matter experts who support their customers and subscribers with a mix of self-serve knowledgebase, outreach that leverages their thought leadership and proprietary insights, databases, and access to their experts and analysts. So, the question of how to license is driven by the business model you seek to develop, and the IP that needs to be protected as part of its longer-term success.
We see licensing coming up in four contexts: (i) T&Cs where publishers license AI tools for their own use in order to create and deliver their service to customers; (ii) where publishers enable their enterprise customers to reuse licensed content in their customers’ own AI initiatives and tools; (iii) public and marketing content that sits outside paywall T&Cs; and (iv) licensing of their content for use within third-party services.
In our experience, IP lawyers have been quick to get up to speed with GenAI – but it’s your responsibility to have thought about your business model, and know where it may evolve, and therefore what can be shared and how, versus what needs to be protected and from what. For example, many of our customers would be happy for some of their content to be disseminated widely, and reused wherever it can be attributed, contribute to lead generation, or introduce new revenue – yet they also have ‘crown jewels’ proprietary content that must be tightly controlled.
Q: How do you see the licensing / IP landscape evolving?
A: When I was young, I would take an A-Z map with me on trips into London. Also, I had a road atlas that I kept in the car. When maps were digitised, the first services were websites where you could print your own custom page, showing the route that you plan to take that day. So, I print this out and leave the map at home. However, the real power came when these maps were combined with GPS and navigation software. First in the car, and then on the phone. It not only made it a lot more convenient to drive, following the navigator, but it also changed my behaviour on trips into town. I soon stopped taking maps with me and instead just type the name of the place I want to go to next and follow the instructions on my phone and if the walk is too long then it’s a few clicks to switch to an Uber ride. Delivery drones might be next.
This is the sort of opportunity that I see for publishers of premium content today. It’s not just about finding easier ways to use the content. It’s also about embedding that information in all the places where it can create value, making it practical to be leveraged by whole new groups of users and in completely new contexts. I foresee a complex landscape of licensing arrangements where the publisher should imagine the myriad potential applications for their content.
With this in mind, I see three obvious routes to realise maximum value from your content. Firstly, use the technology to create new products you can sell, ideally to companies you already know. The second approach is to facilitate your customers to do what they want for themselves. And the third alternative, is to work out how to partner with third-party ventures that plan to deliver these type of services.
Three top tips
- Get your team together to imagine how your business model will evolve in the era of AI – what are the opportunities and experiments you want to try; and what do you need to protect from?
- Partner with AI advisors and technical consultants who are aligned to your business model. There are lots of sharks out there offering AI services who won’t be in business in three years’ time.
- Be transparent about the use of AI in your business to foster trust with readers and stakeholders. Publishers should prioritise openness when using AI-generated content. This may involve clearly disclosing when content is AI-assisted or generated, providing proper attribution to AI models and creators, and implementing robust fact-checking processes.
Daniel and the other contributors to our AI Special took part in an ‘AI Special – Q&A’ webinar on Wednesday, 26 June. You can watch the recording by registering here.
About us
Content Catalyst is the first-choice technology partner for ambitious analyst research firms. Using our AI-powered technology, publishers of analyst reports and data can launch subscriber portals that maximise the value of their insights and drive revenues.
Email: daniel.lord@contentcatalyst.com
Website: www.contentcatalyst.com
This article was included in the AI Special, published by InPublishing in June 2024. Click here to see the other articles in this special feature.
