Licensing sets a dangerous precedent that limits fair use. That spills over to undermine news media.

It was a privilege and honor to be invited to air my views on technology and the news. I went in knowing I had a role to play, as the odd man out. The other witnesses were lobbyists for the newspaper/magazine and broadcast industries and the CEO of a major magazine company. The staff knew I would present an alternative perspective. My fellow panelists noted before we sat down — nicely — that they disagreed with my written testimony. Job done. There was little opportunity to disagree in the hearing, for one speaks only when spoken to.

What struck me about the experience is not surprising: They call the internet an echo chamber. But, of course, there’s no greater echo chamber than Congress: lobbyists and legislators agreeing with each other about the laws they write and promote together. That’s what I witnessed in the hearing in a few key areas:

Licensing: The industry people and the politicians all took as gospel the idea that AI companies should have to license and pay for every bit of media content they use.

I disagree. I draw the analogy to what happened when radio started. Newspapers tried everything to keep radio out of news. In the end, to this day, radio rips and reads newspapers, taking in and repurposing information. That’s to the benefit of an informed society.

Why shouldn’t AI have the same right? I ask. Some have objected to my metaphor: Yes, I know, AI is a program and the machine doesn’t read or learn or have rights any more than a broadcast tower can listen and speak and vote. I spoke metaphorically, for if I had instead argued that, say, Google or Meta has a right to read and learn, that would have opened up a whole can of PR worms. The point is obvious, though: If AI creators would be required by law to license *everything* they use, that grants them lesser rights than media — including journalists, who, let’s be clear, read, learn from, and repurpose information from each other and from sources every day.

I think there’s a difference in using content to train a model versus producing output. It’s one matter for large language models to be taught the relationship of, say, the words “White” and “House.” I say that is fair and transformative use. But it’s a fair discussion to separate out questions of proper acquisition and terms of use when an application quotes from copyrighted material from behind a paywall in its output. The magazine executive cleverly conflated training and output, saying *any* use required licensing and payment. I believe that sets a dangerous precedent for news media itself.

If licensing and payment is required for all use of all content, then I say the doctrine of fair use could be eviscerated. The senators argued just the opposite, saying that if fair use is expanded, copyright becomes meaningless. We disagree.