In a recent op-ed for Fortune, Craig Peters, the CEO of Getty Images, posits a balanced approach to the intersection of artificial intelligence (AI) and copyright law. He argues that navigating these waters through the concept of fair use can not only facilitate innovation but also honor the rights of creators. Peters contends that while AI giants assert that respecting copyright poses an “unsurmountable challenge” — despite their substantial investments in technology and human resources — this perspective is undermined by the possibility of creating a fairer model that acknowledges and compensates creators.
Peters emphasizes the importance of the fair use doctrine, a legal principle that permits the use of copyrighted works without the creators’ consent under specific conditions. The application of fair use relies on several factors, including the purpose of the use (commercial versus educational), the nature of the copyrighted material, the quantity of content used, and its impact on the market value of the original work. Peters advocates for a granular approach to fair use in the context of AI training, where the applications of AI can be evaluated on their merits. He argues that initiatives harnessing AI to address pressing global issues — such as curing diseases or combatting climate change — would likely gain the support of creators because they don’t undermine the market value of the original works.
However, Peters is sharply critical of AI models that scrape artists’ work without obtaining permission and subsequently monetize those outputs in direct competition with the original creators. This practice, in his view, constitutes a breach of fair use doctrine and represents a significant threat to the livelihoods of artists and content creators. He underscores that as the landscape of AI evolves, creators should not have to bear the brunt of impacts due to the irresponsible appropriating of their work without consent.
Peters further critiques the argument made by some AI companies that the lack of ability to freely scrape content for training purposes would stifle AI advancements in critical areas like healthcare and environmental sustainability. He points out that while AI developers claim they are unable to progress without this capability, they simultaneously invest billions in technology and talent. His perspective is clear: a world can be created that celebrates creativity while also utilizing AI to tackle significant global problems, but it requires a fundamental restructuring of how content rights are approached.
Getty Images has actively taken steps to protect creators’ rights by initiating legal action against companies like Stability AI, which allegedly used millions of Getty’s images to train its Stable Diffusion model without the necessary permissions. Peters recognizes that while litigation is often a lengthy and costly route, it is vital for defending the rights of creators and establishing a level playing field in the digital landscape.
Finally, Peters underscores that adhering to copyright principles does not equate to hindering technological advancement. Instead, he envisions a future where creative endeavors are rewarded, reminiscent of how content platforms like Spotify and Apple Music emerged to create legitimate environments for music consumption after the era of piracy represented by Napster. He believes that although licensed models may come with higher costs, they can be beneficial in creating a fair competitive environment for all parties involved. Ultimately, Peters calls for a collaborative approach where both innovation and creator rights coexist harmoniously, allowing for the flourishing of creative and technological frontiers.
