Despite OpenAI announcing in May 2024 that it was developing a tool called "Media Manager" to allow creators to manage whether their works are included in AI training data, seven months have passed and this feature has yet to be released. The tool was originally intended to help creators identify and control the use of copyrighted texts, images, audio, and video, thereby avoiding legal disputes related to intellectual property. However, insiders reveal that the project is not being prioritized within OpenAI.

Slow Progress on Media Manager

OpenAI initially planned to launch the Media Manager before 2025, but it now seems that this goal may be difficult to achieve. Insiders have disclosed that the development of this tool is progressing slowly, with even former employees stating they do not recall the project being actively pursued. While the company emphasized in May that the Media Manager would "set a standard for the entire AI industry," OpenAI has not provided any public updates on the tool's progress since then.

The launch of the tool was supposed to offer creators a more convenient way to manage the use of copyrighted content, but the current opt-out mechanism provided by OpenAI appears scattered and inadequate. Creators criticize the existing tagging and removal processes as overly cumbersome and lacking effective solutions, especially regarding the removal of written works and videos.

Intellectual Property Issues Remain Serious

OpenAI is facing collective lawsuits from artists, writers, news agencies, and others, claiming the company used their works for training without permission. These lawsuits include well-known writers such as Sarah Silverman and Ta-Nehisi Coates, as well as media outlets like The New York Times and the Canadian Broadcasting Corporation. While OpenAI has reached licensing agreements with some partners, not all creators are satisfied with these terms.

One of the challenges OpenAI faces is how to reasonably use creators' works without infringing on their copyrights. Although the company claims that the works generated by its AI models are transformative, many creators believe that AI-generated content often closely resembles their works and constitutes unauthorized use.

Legal Challenges and Creator Protection

Experts generally agree that even if the Media Manager is eventually launched, it is unlikely to fundamentally resolve the legal issues surrounding AI and intellectual property. Intellectual property attorney Adrian Cyhan points out that content recognition is itself a vast and complex task, and even giant platforms like YouTube and TikTok have not perfected this goal. Moreover, OpenAI has to contend with legal requirements and creator rights across different jurisdictions worldwide.

Ed Newton-Rex, founder of Fairly Trained, suggests that the Media Manager may shift control to creators, forcing them to actively engage in managing AI training data, even though many creators may not even be aware of the tool's existence. He believes this approach could lead to the widespread use of creators' works, even without their authorization.

OpenAI's Copyright Strategy and Future

Despite facing various legal challenges, OpenAI continues to maintain its stance on "fair use" and believes that using unauthorized materials to train AI models is inevitable. OpenAI has publicly stated that without copyrighted materials, building a competitive AI model is nearly impossible. If the courts ultimately rule in favor of OpenAI in copyright litigation, the Media Manager may hold little legal significance for the company.

Currently, OpenAI has begun implementing filters to avoid the reuse of copyright-restricted content, although these measures are not perfect. If future courts determine that its AI-generated content serves "transformative purposes," similar to the ruling in Google's 2009 book digitization case, OpenAI may be able to continue its AI training work without overly relying on the Media Manager.