A creator can secure editorial freedom from a corporate owner with a contractual 'off-ramp' clause. This stipulates that the owner's only recourse against content they dislike is to release the intellectual property back to the creator, not to censor it. This structurally protects free expression.

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Unlike traditional journalism, creators often give politicians editorial control. They provide a "courtesy edit" and admit that, legally, a politician's team could likely prevent the content from being published if they disagreed with the final cut, a major concession of creative control.

The NYT's seemingly contradictory AI strategy is a deliberate two-pronged approach. Lawsuits enforce intellectual property rights and prevent unauthorized scraping, while licensing deals demonstrate a clear, sustainable market and fair value exchange for its journalism.

Despite the massive OpenAI-Disney deal, there is no clarity on how licensing fees will flow down to the original creators of characters. This mirrors a long-standing Hollywood issue where creators under "work for hire" agreements see little upside from their creations, a problem AI licensing could exacerbate.

When dealing with tech giants like Google or OpenAI, publishers should not rely on goodwill. They are self-interested capitalists who prioritize their own profits. The only reliable strategy is to build mutually beneficial economic ecosystems or create direct relationships with your audience.

The OpenAI-Disney partnership establishes a clear commercial value for intellectual property in the AI space. This sets a powerful legal precedent for ongoing lawsuits (like NYT v. OpenAI), compelling all other LLM developers to license content rather than scrape it for free, formalizing the market.

When Joe Coulombe sold Trader Joe's, he used a one-page contract with non-negotiable terms, including complete autonomy and a commitment to not merge with Aldi. This ensured the buyer was acquiring the unique culture and strategy, not just the assets, preserving what made the company successful.

OpenAI previously had highly restrictive exit agreements that could claw back an employee's vested equity if they refused to sign a non-disparagement clause. This practice highlights how companies can use financial leverage to silence former employees, a tactic that became particularly significant during the CEO ousting controversy.

Tyler Cowen's experience actively moderating his "Marginal Revolution" blog has made him more tolerant of large tech platforms removing content. Seeing the necessity of curation to improve discourse firsthand, he views platform moderation not as censorship but as a private owner's prerogative to maintain quality.

New copyright laws would be co-opted by monopolistic publishers and studios. The Writers Guild strike proved that the most effective tool for creators to protect themselves from AI displacement is sectoral collective bargaining.

The power of industry gatekeepers lies in saying 'no,' which makes them feel important but stifles creativity. This risk aversion leads to a homogenous media landscape filled with copies and sequels, while truly innovative, independent projects are denied a platform.