Business
Column: The AI industry has a battle-tested plan to keep using our content without paying for it
This time in 2023, the world was in thrall to the rise of OpenAI’s dazzling chatbot. ChatGPT was metastasizing like a fungal infection, amassing tens of millions of users a month. Multibillion-dollar partnerships materialized, and investments poured in. Big Tech joined the party. AI image generators like Midjourney took flight.
Just a year later, the mood has darkened. The surprise sacking and rapid reinstatement of OpenAI Chief Executive Sam Altman gave the company an embarrassing emperor-has-no-clothes moment. Profits are scarce across the sector, and computing costs are sky high. But one issue looms large above all and threatens to bring the fledgling industry back to earth: Copyright.
The legal complaints that cropped up throughout last year have grown into a thundering chorus, and the tech companies say they now present an existential threat to generative AI (the kind that can produce writing, pictures, music and so on). If 2023 was the year the world marveled at AI content generators, 2024 may be the year that the humans who created the raw materials that made that content possible get their revenge — and maybe even claw back some of the value built on their work.
In the last days of December, the New York Times filed a bombshell lawsuit against Microsoft and OpenAI, alleging that “millions of its articles were used to train automated chatbots that now compete with the news outlet as a source of reliable information.” The Times’ lawsuit joins a host of others — class-action lawsuits filed by illustrators, by the photo service Getty Images, by George R.R. Martin and the Author’s Guild, by anonymous social media users, to name a few — all alleging that companies that stand to profit from generative AI used the work of writers, reporters, artists and others without consent or compensation, infringing on their copyrights in the process.
Our experiments make it all but certain that these systems are in fact training on copyrighted material.
— Cognitive scientist Gary Marcus
Each of these lawsuits have their merits, but the Gray Lady’s entrance into the arena changes the game. For one thing, the Times is influential in shaping national narratives. For another, the Times lawsuit is uniquely damning; it’s loaded with example after example of how ChatGPT replicates news articles nearly verbatim, and offers the responses to its paying customers, free of attribution.
It’s not just the lawsuits: The heat is getting turned up by Congress, researchers and AI experts too. On Wednesday, a congressional hearing saw senators and media industry representatives agree that AI companies should pay licensing fees for the material they use to train their models. “It’s not only morally right,” said Sen. Richard Blumenthal (D.-Conn.), who chairs the subcommittee that held the hearing, according to Wired. “It’s legally required.”
Meanwhile, a fiery study recently published in IEEE Spectrum, co-written by the cognitive scientist and AI expert Gary Marcus and the film industry veteran Reid Southern, shows that Midjourney and Dall-E, two of the leading AI image generators, were trained on copyrighted material, and can regurgitate that material at will — often without even being prompted to.
“Our experiments make it all but certain that these systems are in fact training on copyrighted material,” Marcus told me, something that the companies have been coy about copping to explicitly. “The companies have been far from straightforward in what they’re using, so it was important to establish that they are using copyrighted materials.” Also important: that the copyright-infringing works come spilling out of the systems with little prodding. “You don’t need to prompt it, to say ‘make C3P0’ — you can just say ‘draw golden droid.’ Or ‘Italian plumber’ — it will just draw Mario.”
This has serious implications for anyone using the systems in a commercial capacity. “The companies whose properties are infringed — Mattel, Nintendo — are going to take an interest in this,” Marcus says. “But the user is left vulnerable too — There’s nothing in the output that says what the sources are. In fact the software isn’t capable of doing that in a reliable way. So the users are on the hook and have no clue as to whether it’s infringing or not.”
There’s also a sense of momentum that’s beginning to build behind the simple notion that creators should be compensated for work that’s being used by AI companies valued at billions or tens of billions — or hundreds of billions of dollars, as Google and Microsoft are. The notion that generative AI systems are at root “plagiarism machines” has become increasingly widespread among their critics, and social media is teeming with opprobrium against AI.
But those AI companies aren’t likely to relent. We saw a foreshadowing of how the AI companies would respond to copyright concerns at large last year, when famed venture capitalist and AI evangelist Marc Andreessen’s firm argued that AI companies would go broke if they had to pay copyright royalties or licensing fees. Just this week, British media outlets reported that OpenAI has made the same case, seeking an exemption from copyright rules in England, claiming that the company simply couldn’t operate without ingesting copyrighted materials.
“Because copyright today covers virtually every sort of human expression — including blogposts, photographs, forum posts, scraps of software code, and government documents — it would be impossible to train today’s leading AI models without using copyrighted materials,” OpenAI argued in its submission to the House of Lords. Note that both Andreessen and OpenAI’s statements underscore the value of copyrighted work in arguing that AI companies shouldn’t have to pay for it. What can they do about it?
First, they’re pleading poverty. There’s just too much material out there to compensate everyone who contributed to making their system work and to making their valuation go through the roof. “Poor little rich company that’s valued at $100 billion can’t afford it,” Marcus says. “I don’t know how well that’s going to wash, but that’s what they’re arguing.”
The AI companies also argue what they’re doing falls under the legal doctrine of fair use — probably the strongest argument they’ve got — because it’s transformative. This argument helped Google win in court against the big book publishers when it was copying books into its massive Google Books database, and defeat claims that YouTube was profiting by allowing users to host and promulgate unlicensed material.
Next, the AI companies argue that copyright-violating outputs like those uncovered by Marcus, Southern and the New York Times are rare or are bugs that are going to be patched.
“They say, ‘Well this doesn’t happen very much. You need to do special prompting.’ But the things we asked it were pretty neutral — and we still got” copyrighted material, Marcus says. “This is not a minor side issue — this is how the systems are built. It is existential for these companies to be able to use this amount of data.” Finally, aside from just making arguments in court and in statements, the AI companies are going to use their ample resources to lobby behind the scenes and throw their power around to help make their case.
Again, the generative AI industry isn’t making much money yet — last year was essentially one massive product demo to hype up the technology. And it worked: The investment dollars did pour in. But that doesn’t mean the AI companies have figured out ways to build a sustainable business model. They’re already operating under the assumption that they will not pay for things such as training materials, licenses or artists’ labor.
Of course, it is in no way true that the likes of Google, Microsoft, or even OpenAI cannot afford to pay to use copyrighted works — but Silicon Valley is at this point used to cutting labor and the cost of creative works out of the equation, and has little reason to think it would not be able to do so again. From Uber to Spotify, the business models of many of this century’s biggest tech companies have been built on the assumption that labor costs could be cut out or minimized. And when creative industries argued that YouTube allowed pirated and unlicensed materials to proliferate at the workers’ expense, and backed the Stop Online Piracy Act (SOPA) to fight it, Google was instrumental in stopping the bill, organizing rallies and online campaigns, and lobbying lawmakers to jump ship.
William Fitzgerald, a partner at the Worker Agency and former member of the public policy team at Google, tells me he sees a similar pressure campaign taking shape to fight the copyright cases, one modeled on the playbook Google has used successfully in the past: Marshaling third-party groups and organs such as the Chamber of Progress to push the idea that using copyrighted works for generative AI is not just fair use, but something that’s being embraced by artists themselves, not all of whom are so hung up on things like wanting to be paid for their work. He points to a pro-generative AI open letter signed by AI artists, that was, according to one of the artists involved, organized by Derek Slater, a former Google policy director whose firm works with Google — the same person who took credit for organizing the anti-SOPA efforts. Fitzgerald also sees Google’s fingerprints on Creative Commons’ embrace of the argument that AI art is fair use, as Google is a major funder of the organization.
“It’s worrisome to see Google deploy the same lobbying tactics they’ve developed over the years to ensure workers don’t get paid fairly for their labor,” Fitzgerald said. And OpenAI is close behind. It is not only taking a similar approach to heading off copyright complaints as Google, but it’s also hiring the same people: It hired Fred Von Lohmann, Google’s former director of copyright policy, as its top copyright lawyer. “It appears OpenAI is replicating Google’s lobbying playbook,” he says. “They’ve hired former Google advocates to affect the same playbook that’s been so successful for Google for decades now.”
Things are different this time, however. There was real grassroots animosity against SOPA, which was seen at the time as engineered by Hollywood and the music industry; Silicon Valley was still widely beloved as a benevolent inventor of the future, and many didn’t see how having an artist’s work uploaded to a video platform owned by the good guys on the internet might be detrimental to their economic interests. (Though many did!)
Now, however, workers in the digital world are better prepared. Everyone from Hollywood screenwriters to freelance illustrators to part-time copywriters to full-time coders can recognize the potential material effect of a generative AI system that can ingest their work, replicate it, and offer it to users for a monthly fee — paid to a Silicon Valley corporation, not them.
“It’s asking for an enormous giveaway,” Marcus says. “It’s the equivalent of a major land grab.”
Now, there are many in Silicon Valley who are of course genuinely excited about the potential of AI, and many others who are genuinely oblivious to matters of political economy; who want to see the gains made as quickly as possible, and do not realize how these work-automating systems will be used in practice. Others may simply not care. But for those who do, Marcus says there’s a simple way forward. “There’s an obvious alternative here — OpenAI’s saying that we need all this or we can’t build AI — but they could pay for it!” We want a world with artists and with writers, after all, he adds, one that rewards artistic work — not one where all the money goes to the top because a handful of tech companies won a digital land grab.
“It’s up to workers everywhere to see this for what it is, get organized, educate lawmakers and fight to get paid fairly for their labor,” Fitzgerald says. “Because if they don’t, Google and OpenAI will continue to profit from other people’s labor and content for a long time to come.”
Business
Disney names Asad Ayaz as chief marketing and brand officer
Asad Ayaz, the Disney marketing chief behind creative campaigns for Disneyland Resort’s 70th anniversary and films like “Zootopia 2” and the live-action adaptation of “Lilo & Stitch,” has been named chief marketing and brand officer for Walt Disney Co., the entertainment giant said Wednesday.
The 21-year veteran most recently served dual roles as the company’s first chief brand officer as well as president of marketing for Walt Disney Studios.
Ayaz will now lead a new marketing and brand organization within the Burbank media and entertainment company. He reports to Disney Chief Executive Bob Iger, as well as the heads of Disney’s film and TV studios, theme parks segment and ESPN for those sectors’ respective marketing efforts.
“As our businesses have evolved, it’s clear that we need a company-wide role that ensures brand consistency and allows consumers today to seamlessly interact with our wonderful products and experiences,” Iger said in a statement Wednesday. “The Chief Marketing and Brand Officer role is critical for this moment, and Asad is the perfect fit.”
In his new role, Ayaz will lead the company’s global marketing efforts, including social and digital strategy, overseeing corporate partnerships and franchise priorities, Disney said.
Ayaz previously worked on brand campaigns commemorating Disney’s 100th anniversary, global expansion of Disney’s D23 fan club and led marketing for Disney+, including shows such as “The Mandalorian,” Marvel Studios’ “WandaVision” and the launch of Taylor Swift’s “The End of an Era” on the streaming platform.
Business
Commentary: Trump is demanding a 10% cap on credit card interest. Here’s why that’s a lousy idea
A few days ago, President Trump staked a claim to the “affordability” issue by demanding that banks cap their credit card interest rates at 10% for one year.
Actually, Trump announced that in effect he had imposed the cap, a claim that some news organizations accepted as gospel.
So let’s dispose of that misconception right off: Trump has zero power to cap interest rates on credit cards. Only Congress can do so.
The idea of a 10% rate cap has all the seriousness of bread-and-circuses governance.
— Adam Levitin, Georgetown Law
More to the point, his proposal, announced via a post on his TruthSocial platform, is a terrible idea. It’s half-baked at best, and harbors unintended consequences by the carload — so much, in fact, that the putative savings that ordinary households could see from the rate reduction might be diluted, or even reversed, by the drawbacks.
Still, the idea has so much consumerist appeal that it placed Trump in accord with some of his most obdurate critics, such as Sen. Elizabeth Warren (D-Mass.), who has been pressing to place limits on bank fees for years. Warren said she and Trump had a phone conversation in which they seemed to have talked companionably about the issue.
Trump’s announcement did have the salutary effect of placing the issue of financial services costs on the front burner, after its having languished for years. But it obscured the immense complexities of making any such change.
“Certainly this demonstrates a populist streak on both sides of the aisle,” says Adam Rust, director of financial services at the Consumer Federation of America. “But you can’t just write a tweet and upend a huge market.”
The market for credit cards is indeed huge. As of 2024, credit card debt in the U.S. exceeded $1.21 trillion. This is the most profitable line of business for many banks, producing $120 billion in interest income and $162 billion in fees, chiefly those the card issuers impose on merchants.
“Almost 30% of that is pure profit,” reported Brian Shearer of Vanderbilt University, a former official at the Consumer Financial Protection Bureau, in a 2025 study.
So it should come as no surprise that the entire banking industry has circled the wagons against a cap on credit card interest rates, especially one as stringent as 10%. On Jan. 9, the very day of Trump’s announcement, five leading bank lobbying organizations issued a joint statement asserting that a 10% cap would be “devastating for millions of American families and small business owners who rely on and value their credit cards, the very consumers this proposal intends to help.”
Among its drawbacks, the statement said, “this cap would only drive consumers toward less regulated, more costly alternatives.”
It’s tempting to dismiss the statement as the normal grousing of a big industry about a government regulation. Banks have acquired a certain reputation for profiteering from customers, especially less well-heeled customers, and playing fast and loose with the facts about their costs and profits. But the truth is that on this topic, they have a point.
Let’s take a look, starting with some basic facts — and misconceptions — about credit cards.
The credit card market is heterogeneous, segmented by income and more importantly by credit score. Those with the highest FICO scores typically get the lowest interest rates, but are also more inclined to pay off their balances every month without incurring any fees, even as their average balances are the highest.
About 40% of all users, including many with middling credit scores, pay off their balances monthly but use their cards for convenience, to access fraud protections provided by credit cards but not by other forms of credit, and to garner card rewards.
Interest fees aren’t the issuers’ sole source of revenue. Most revenue comes at the other end of the transaction, in interchange or “swipe” fees paid by merchants.
That’s why card issuers still cherish high-income transactors and shower them with rewards — the monthly balances of users in the 760-to-840 FICO score range vastly exceed those of other users, indicating that they’re generating correspondingly more in interchange fees from the merchants they patronize.
The average interest rate on credit cards reached 25.2% last year, according to a December report by the Consumer Financial Protection Bureau. It has steadily increased since 2022, mostly because of an increase in the prime rate, the benchmark for card issuers.
How did it get so high? Blame the Supreme Court, which in 1978 undermined state usury laws by ruling that banks could charge customers the usury rate of their home state rather than the rate in the customer’s state. That’s why your credit card may be “issued” by a bank subsidiary in Utah, South Dakota or Delaware, which have lax usury limits. The solution would be enactment of a nationwide usury limit, but that falls entirely within congressional authority.
So what would happen if Congress did place a limit on the maximum credit card interest rate — if not 10%, then 15% or 18%, as has been proposed in the past? Shearer contends that banks make such fat profits from credit card users at every FICO level that they could still earn healthy returns even at a 15% cap. Shearer estimated that a cap of 15% would produce more than $48 billion in annual customer savings “coming almost entirely out of bank profits.”
Other analysts are not so sanguine. “There is no free lunch here,” argues Adam Levitin, a credit market expert at Georgetown law school. Levitin argues that while issuer profits are large, their margins are not so large. He calculates that a 10% cap would make the general credit card business unprofitable, because there wouldn’t be enough headroom over the benchmark prime rate (currently 6.75%) to cover administrative costs and other overhead.
Issuers don’t have many options to preserve their profitability. So they’re likely to respond by shutting the door on low-income and low-FICO customers and ratcheting back credit limits.
“The effects will be devastating,” Levitin says. “Families that need the short-term float or the ability to pay back purchases over several months won’t have it. How will they pay for a new water heater when the old one goes out and they don’t have $3,000 sitting around?”
Many will be forced to resort to other short-term unsecured lenders — payday lenders, buy-now-pay-later firms and others that don’t offer the consumer protections of credit cards and would be exempt from the interest cap on credit cards.
“The idea of a 10% rate cap,” Levitin says, “has all the seriousness of bread-and-circuses governance.”
The availability of credit from alternative consumer lenders that don’t offer the statutory protections mandated for credit cards concerns consumer advocates.
A hard cap on interest rates “could create a sharp contraction in the kind of credit available in the marketplace,” says Delicia Hand of Consumer Reports. “It sounds good, but there could be unintended consequences, especially if you don’t think about what fills the gap,”
Alternative products aren’t regulated as stringently as credit cards. “Direct-to-consumer products can layer subscription fees, expedited access fees, and ‘voluntary’ tips in combinations that produce effective annual percentage rates ranging from under 100% to well over 300% — and in some documented cases, exceeding 1,000% when annualized for frequent users,” Hand said in remarks prepared for delivery Tuesday to the House Committee on Financial Services.
If an interest rate cap is too tight, all but the highest-rated customers might face higher annual fees and stingier rewards. Issuers are likely to squeeze merchants too. Big businesses — think Costco and Amazon — might be able to negotiate swipe fees down and eat the remainder instead of passing them through to consumers. But small neighborhood merchants might refuse to accept credit cards for purchases below a certain amount, or add a swipe fee surcharge to customers’ bills.
Other complexities bedevil proposals like Trump’s, or for that matter bills introduced last year in the Senate by Bernie Sanders (I-Vt.) and Josh Hawley (R-Mo.) and in the House by Reps. Alexandria Ocasio-Cortez (D-N.Y.) and Anna Paulina Luna (R-Fla.), capping rates at 10% for five years. Those measures have the virtue of simplicity — they’re only three pages long — but the drawback, also, of simplicity.
Among the open questions, Levitin observes, are whether the 10% cap would apply to all balances or just to purchases. If the former, it remakes credit cards into tools for “low-cost leverage for cryptocurrency speculation and sports betting,” because in today’s interest rate environment it’s cheap money.
Trump’s announcement, in particular, displays all the drawbacks of insufficient cogitation characteristic of so many of his ventures. Published on Jan. 9, it called for the cap to be implemented on Jan. 20, the anniversary of his inauguration: a mere 11 days to implement a change in a $1.21-trillion market with potential ramifications on a dizzying scale.
Since he doesn’t have the authority to mandate the cap by executive order, he’s in effect calling for the banks to make the change voluntarily. Given the impact on their profits, on the gonna-happen scale, that’s a “not.”
Adding to the sour ironies of this effort, Trump’s far-right budget director, Russell Vought, has been pursuing a vicious campaign to destroy the agency with statutory authority over the consumer lending industry, the CFPB — of which Trump appointed Vought acting director.
Vought also rescinded a Biden-era CFPB rule reducing credit card late fees to no more than $8 from as much as $41—further undermining Trump’s attempt to pose as a friend of the credit card customer.
Consumer advocates are pleased that the debate over card fees has placed financial services costs squarely in the “affordability” debate, where they belong.
There’s no question that capping card interest rates at some level could bring savings to consumers to maintain monthly balances — “revolvers,” in industry parlance. “It could be worth several bags of groceries a month, or a tank of gas,” Rust conjectures — “significant savings for millions of people.”
The challenge is finding “where the right level is, balancing risk and availability,” he told me. “That’s not clear at the moment.”
Business
Disneyland Park attendance reaches 900 million over 70 years in business
Disneyland, the iconic tourist destination that transformed the entertainment landscape in Southern California, has reached a new milestone: 900 million people have visited the park since its opening in 1955.
The latest attendance figure was described in a new documentary called “Disneyland Handcrafted,” chronicling the creation of the theme park. The film, which includes footage from the Walt Disney Archives, will stream on Disney+.
In 2024 — the most recent year data was available — Disneyland’s attendance ticked up 0.5% to 17.3 million, according to a report from the Themed Entertainment Assn. Like many other theme parks, Disney does not release internal attendance figures.
Walt Disney Co.’s theme parks, cruise ships and vacation resorts have been a key economic driver for the Burbank media and entertainment company.
Last year, almost 57% of the company’s operating income was generated by the tourism and leisure segment, known as Disney’s “experiences” business. That sector reported revenue of $36.2 billion for fiscal year 2025, a 6% bump compared to the previous year. Operating income increased 8% to nearly $10 billion.
Disney has said it will invest $60 billion into its experiences segment, underscoring the importance of that business to the company. At Disneyland Resort in Anaheim, that could mean at least $1.9 billion of development on projects including an expansion of the Avengers Campus and a “Coco”-themed boat ride at Disney California Adventure, as well as an “Avatar”-inspired area.
Over its 70 years, Disneyland has undergone many changes and expansions. Though some of its original attractions still exist, including Peter Pan’s Flight, Dumbo the Flying Elephant and the Mark Twain Riverboat, the park has evolved to align more with its Hollywood cinematic properties and expanded in 2019 to include a “Star Wars”-themed land.
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