Publishers and AI platforms are starting to move past one-time training deals and are focusing more on usage-based agreements, often called “grounding” or “RAG.”
Gary Kibel, a partner in the Privacy, Technology + Data Security Practice Group at Davis+Gilbert, was quoted in Digiday discussing the future of AI licensing deals.
It’s too early to say whether a preferred type of usage deal has emerged, according to Gary. “Deals will depend on the negotiating strength of each party. Both sides are learning and becoming more sophisticated in these deals,” he explained. “Maybe publishers are starting to realize what additional controls they should push for in the agreements, and the AI platforms are starting to learn about maybe additional permitted uses they want to get into the agreement.”
“A 2025 AI licensing deal already looks different from a 2024 one, thanks to lessons learned — and by 2026, deals will likely evolve again as new applications for content emerge,” said Gary. “There is no one-size-fits-all with finance.”
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