This month’s topic: How much content can AI legally exploit? Scroll down to read about this topic, along with the latest headlines and announcements. Delta Think publishes this News & Views mailing in conjunction with its Data & Analytics Tool . Please forward News & Views to colleagues and friends, who can register to receive News & Views for free each month. Delta Think will be attending several upcoming conferences, including APE (Jan 14-15), NISO Plus (Feb 10-12), and Researcher to Reader (Feb 20-21). We would love to see you there – please get in touch or visit our Events page to see all the meetings we will be attending. How much content can AI legally exploit? O verview During the recent PubsTech conference , we were asked how much content could be legitimately used to train artificial intelligence systems without being specifically secured through a licensing agreement. In considering this question, we find some counterintuitive results. Background Generative AI (genAI) is a type of artificial intelligence that can create new content—text, images, music, and more – by analyzing patterns in massive datasets. These models are typically trained on publicly available data scraped from the web. In the US, developers often invoke the “Fair Use” copyright doctrine to justify this training, claiming it is limited to specific purposes (training) and transformative in nature (different from the original use). In reality, the legal position is complex and evolving , with many rights holders and their representatives – unsurprisingly – taking the opposite view. Even if legal clarity emerges, different geographies and jurisdictions will likely reach different conclusions. The legal complexities of AI and copyright law are beyond our scope. However, for scholarly publishers, particular issues apply. Half of our output is open access , and open access content is designed to be reusable. Open or not, content has varying restrictions on onward use – for example, non-commercial use is often allowed with attribution. How much scholarly content is exploitable?  For the purposes of analysis, we will assume that the license under which content is published will have a material bearing on the legitimacy of its use to train AI systems. Therefore, looking at share of licenses, we might be able to answer our question.

Welcome to the next issue of Delta Think's Ideas in Action - ideas that spark your imagination and encourage creativity...information that makes you stop and THINK! Want to know more about partnering with Delta Think? Contact Delta Think at info@deltathink.com to set up a time to meet and learn more. Charleston Conference 2024 Reflections November always marks several noteworthy activities and events both personally and professionally, including one of our favorites – the Charleston Conference – where stakeholders from all areas of our industry – librarians, service providers, and publishers alike, get the opportunity to debate, collaborate, and share insights. Richard Charkin, OBE, described the Conference this way in his 2024 opening keynote remarks: “This meeting is incredibly important. Serious people debating serious issues.” We agree and add that the spirit of Charleston is also grounded in engagement – with colleagues and friends and making time for a bit of fun. Karaoke optional! Whether you were able to attend or not, here are some reflections on the 2024 Conference from the Delta Think Team. Libraries as Leaders – Lori Carlin The first thing that hit me was the energy of the conference overall; it was invigorating. Walking into the exhibit area on Vendor Day, you could sense a heightened level of interest from attendees eager to see and hear about new and interesting developments. Is it AI that is fostering this renewed energy? AI is certainly a hot topic, as stakeholders wonder how to best incorporate AI into their products, services, and workflows. Or perhaps the spotlight on Research Integrity and the various products that can help the scholarly community address these issues. Whatever the reason, I have always appreciated Charleston’s approach to exhibits, with a single dedicated day for vendors to showcase their wares, and the packed ballroom left no doubt that this concentrated attendee/vendor time was appreciated by all. As for sessions, the Opening Keynote featuring Katina Strauch and Richard Charkin was interesting – both bringing their own sense of wit to their description of their different but equally circuitous paths to scholarly publishing and their eventual role as community leaders. I also have to call out a session I moderated – “Keeping Libraries as Central Players in an Evolving Teaching and Learning Space,” and not because I moderated it! It was the librarian panelists as well as the interaction from the audience that made this session lively and interesting. What it reinforced for me is the leadership role librarians now play as not only information resource agents and gatekeepers in their communities, but data analysts, policy drivers, and educators, ensuring that advancements in teaching and learning are recognized and implemented. Books and eBooks in the Spotlight – Diane Harnish There was a noticeable “buzz” at Charleston around eBooks and book-based content. Whether for teaching and learning or research usage occasions, the value of book collections, or exploration of evolving funding models and roles, books were top-of-mind for librarians and publishers. For example, “Whose Future Is It? Practical Strategies for Supporting Community-led Open Access Book Publishing” focused on how libraries can take a leadership role in open access book publishing. The concurrent session was full of practical insights into how libraries develop effective strategies to support community-led and academy-owned OA book publishing, with an emphasis on equity. On a more macro-scale, Niels Stern, Managing Director, DOAB & OAPEN Foundation led a Neapolitan discussion entitled “Open Access Policies for Books: Librarian Roles in Nudging Institutional and National Change” which explored the work of the recently concluded PALOMERA Project, an initiative to examine and analyze the research policies and strategies for open-access books in 39 countries in the European research area. The project generated evidenced-based, actionable recommendations to “help ensure that books don't get ‘left behind’” in a global move toward open research. I found this session ideal for any stakeholder – library, funder, or publisher – interested in ensuring sustainable infrastructure for eBook, especially scholarly monographs. After more than 30 years in scholarly communication, this was my first Charleston and I will definitely be back! Research Integrity + AI and Copyright – Heather Staines Working closely with Dr. Elisabeth Bik and Dr. Ivan Oransky to explore research integrity issues was timely and enlightening. While there are many new tools to detect misconduct, both agreed that focusing on the human factor will be key—seeking change in research assessment and the kinds of publications that count. Their Neapolitan, “Challenges and Opportunities Around Research Integrity: A Conversation” session provided an informative overview of some of the most biggest challenges to research integrity (image manipulation, paper mills) and how Retraction Watch, COPE Guidelines, and other tools can be used by all stakeholders to raise awareness and help ensure the integrity of the scientific record. The other session which kept my interest was the “Long Arm of the Law” moderated by Ann Okerson. Copyright Clearance Center’s Roy Kaufman helped scope out the legal issues related to AI companies using copyrighted content to train their LLMs and shed some light on cases related to copyright and LLM training currently winding their way through the courts. ITHAKA’s Nancy Kopans followed JSTOR’s perspective as an aggregator working to balance the rights of copyright holders and publishers with the needs of students, faculty, and researchers. Definitely an area to watch! Katina’s Legacy – Meg White Charleston founder and convener Katina Strauch has passed the torch, but her legacy is a reminder that there is always more to discover, learn, and tackle. She never slows down and in many ways, defines what it means to always be evolving, embodying a true growth mindset. Katina and Richard Charkin kicked off the conference with a “Fireside Chat” Keynote moderated by Richard Gallagher, President and Editor-in-Chief of Annual Reviews (and the new owner of the Charleston Hub). As Lori mentioned, these two trailblazers were meeting for the first time, but they reflected on shared pivotal moments in their professional lives, including the intersection of publishing and librarianship, as we have moved from the internet to digitization of content and collections, and now to AI. I had the pleasure of interviewing Katina as part of the Charleston Leadership Interviews and the ATG Podcast, so watch for that conversation coming soon at the Charleston Hub. Her passion certainly informs many of the key values we strive for here at Delta Think as we work with the scholarly communications community to LEARN, PLAN, ACHIEVE. Bravo! Finally, we offer our congratulations to writer, director, producer, and star Heather Staines and her merry band of players. Thank you for an entertaining look at libraries, publishing, education, research, academia, and more in “Schmetadata: The Musical” a light-hearted start to the Conference’s final day. Next Steps What were your “aha moments” at Charleston 2024? What are your organization’s biggest priorities and challenges for 2025 and beyond? At Delta Think, we believe in the power of collaboration and innovation to drive progress. We can help you embrace change and unlock your potential. Reach out today to start the conversation and we look forward to hearing more. More Ideas News & Views: Market Sizing Update 2024: Has OA Hit A Peak? (Oct 2024) –Each year, Delta Think’s Market Sizing analyzes the value of the open access (OA) scholarly journals market. This is the revenue generated by providers or the costs incurred by buyers of content. We estimate the OA segment of the market to have grown to just over $2.2bn in 2023. This is only a marginal growth over the previous year… ( read more ) Content Licensing Do’s and Don’ts in the Age of AI (Oct 2024) – Artificial Intelligence’s (AI) seemingly endless capabilities and applications present great opportunities (and some challenges too) for publishers and societies across the publishing enterprise. One of the main areas of both growth and reason for caution to emerge is the potential to license scholarly content to AI providers—primarily to be used… ( read more ) Exploring AI (Sept 2024) – AI technologies have already sparked profound changes across our industry, enabling machines to perform tasks that previously required an abundance of human intelligence. AI algorithms can analyze vast datasets to uncover patterns, LLMs can generate coherent text, and genAI can simulate human-like creativity. Here we explore some of… ( read more ) Events We’ll be attending the following events. Please contact us at info@deltathink.com if you’d like to set up a time to chat. APE, January 14-15 Researcher to Reader, February 20-21 ER&L, March 3-6 London Book Fair, March 11-13 2025 NAS Journal Summit, March 19-20 Turn Your Ideas Into Action A partnership with Delta Think can provide the expert insights you need to meet your goals and amplify your ability to: Learn about new and evolving insights, perspectives, and possibilities Market Research and Intelligence Customer Insight and Experience Data Analytics and Market Evidence Plan your path forward to success Business and Product Strategy Commercial Optimization Brand, Marketing, and CDP Strategies Achieve your goals Manage Change Implement Projects, Products, and Partnerships Build Results Metrics and Analysis O ur insatiable curiosity, coupled with our expertise in data-driven, evidence-based analysis, and strategy development – TOGETHER – we will discover your best path forward. Want to know more? 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