AI Licensing & Copyright
Understanding licensing agreements between creators and AI companies in 2025
The Growing AI Licensing Market
As legal pressure mounts, AI companies are increasingly entering licensing agreements with content creators and publishers. This emerging market represents a shift toward recognizing that creators deserve compensation when their work is used to train AI systems.
What Is AI Licensing?
AI licensing refers to agreements where copyright holders grant permission to AI companies to use their copyrighted works for training AI models in exchange for compensation. These agreements address:
Permission Grant
Explicit authorization to use copyrighted content for AI training purposes
Compensation
Payment terms, whether upfront fees, royalties, revenue sharing, or other arrangements
Usage Terms
Scope of permitted use, restrictions, attribution requirements, and other conditions
Duration
Time period for the license and renewal or termination terms
The AI Licensing Landscape in 2025
Rapid Growth
The number of known commercial licensing agreements has accelerated significantly since mid-2024, following increased public awareness of AI copyright issues and high-profile lawsuits.
Major Players in AI Licensing
Content Licensors (Sellers)
- News Organizations: The New York Times, Associated Press, Dow Jones, Financial Times
- Image Providers: Getty Images, Shutterstock, Adobe Stock
- Publishers: Major book publishers and author collectives
- Platforms: Reddit, Stack Overflow, Twitter/X
- Individual Creators: Artists, photographers, writers
AI Companies (Buyers)
- OpenAI: Largest share of known agreements
- Perplexity: Significant number of agreements
- Anthropic: Active in licensing market
- Big Tech: Google, Meta, Microsoft, Apple (fewer public agreements)
- Others: Emerging AI companies entering licensing deals
Notable Licensing Agreements
Examples of publicly disclosed AI licensing deals
Reddit & AI Companies
~$70M/yearReddit has entered licensing agreements with AI companies, expecting to earn approximately $70 million annually from AI training licensing agreements for access to user-generated content.
Shutterstock & AI Developers
$104M reportedShutterstock reported $104 million in licensing revenue from AI companies seeking access to their extensive image library for training purposes.
OpenAI & News Publishers
Multiple DealsOpenAI has entered agreements with publishers including Financial Times, Associated Press, and Axel Springer, providing compensation for use of news content.
Anthropic Settlement
$1.5BWhile technically a settlement, Anthropic's $1.5 billion agreement with authors (averaging $3,000 per work for ~500,000 works) establishes a benchmark for content valuation in AI training.
For Rights Holders: Key Considerations
Authors Should Control AI Rights
The Authors Guild emphasizes that authors, not publishers or tech companies, should have control over the licensing of AI rights to their work. According to the Guild, AI training rights have not been included as a subsidiary right in contracts they've reviewed—meaning authors may retain these rights even when publishers handle other subsidiary rights.
Questions to Ask Before Licensing
- Compensation: What is fair value for your work? How does it compare to market rates?
- Scope: What exactly are you licensing—training only, or output generation too?
- Exclusivity: Can you license to multiple AI companies or just one?
- Attribution: Will your work be credited or attributed?
- Quality Control: Do you have any control over how outputs are generated or used?
- Term: How long does the license last? Can you terminate it?
- Audit Rights: Can you verify how your content is being used?
- Opt-Out: Can you withdraw your content from training data?
What's a Fair Split?
Determining fair compensation is challenging in this emerging market. Factors to consider include:
- Volume and quality of your content
- Uniqueness and commercial value
- Market rates being established by comparable creators
- The Anthropic settlement benchmark ($3,000/work provides a reference point)
- Ongoing royalties vs. upfront payments
Recommendation: Consult with an attorney experienced in AI licensing before signing any agreement.
Creative Commons Licenses & AI Training
Some creators use Creative Commons licenses to control how their work can be used. In May 2025, Creative Commons released guidance on AI training:
Relevant CC License Terms
- NC (Non-Commercial): Restricts use to non-commercial purposes—may prevent commercial AI training
- ND (No Derivatives): Prohibits creation of derivative works—interpretation for AI is developing
- BY (Attribution): Requires attribution—AI companies often don't provide attribution in training
Important Notes
- CC licenses are irrevocable—once granted, they can't be taken back for that version of the work
- Whether AI training constitutes "commercial use" or creates "derivatives" is still being litigated
- Consider using "NoAI" tags in addition to or instead of CC licenses for clearer intent
International AI Licensing Approaches
France
France's competition authority fined Google €250 million for using news articles without permission in training Gemini, demonstrating strict enforcement of licensing requirements.
Japan
Japanese law allows copyrighted works to be used for AI training if it doesn't "unreasonably harm copyright holders' interests," creating a different balance than U.S. fair use.
European Union
The EU is developing comprehensive AI regulation including transparency requirements about training data, which may effectively require licensing in many contexts.
The Future of AI Licensing
Emerging Trends
- Collective Licensing: Groups of creators negotiating together for better terms
- Standardization: Industry may develop standard licensing terms and rates
- Technology Solutions: Blockchain and other technologies to track usage and distribute royalties
- Licensing Platforms: Marketplaces emerging to connect creators with AI companies
- Legislative Action: Potential laws requiring licensing for AI training
What Experts Predict
As litigation continues and Copyright Office guidance evolves, many experts predict that licensing will become standard practice for AI companies rather than relying on contested fair use claims. The market is moving toward recognizing that creators deserve compensation, with licensing providing a more certain legal foundation than fair use defenses.
AI Licensing Is Rapidly Developing
The AI licensing market is in its early stages and evolving quickly. New agreements, market rates, and standard terms are being established in real-time as of October 2025. Creators should stay informed about market developments and seek professional legal advice before entering licensing agreements.
Important: This information is for educational purposes. Always consult with an attorney before entering into any licensing agreement.
Questions About AI Licensing?
Connect with attorneys who can help you navigate licensing agreements and protect your rights