At a summit coinciding with the release of the White House’s new action plan for artificial intelligence (AI) on July 23, 2025, U.S. President Donald Trump made waves with a comment on an issue mostly ignored in that plan -- intellectual property (IP) -- and insights industry experts are responding.
According to the President, “Of course, you can’t copy or plagiarize an article, but if you read an article and learn from it, we have to allow AI to use that pool of knowledge without going through the complexity of contract negotiations, of which there would be thousands for every time we use AI.”
If reflected in federal policy, what would Trump’s copyright policy mean for training of AI models, and the IP rights for questionnaires, research, and other content in the insights industry?
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Insights industry experts respond
“Insights companies may fall on both sides of this debate as creators of both content and AI-powered models,” commented Russ Anderson, attorney at Pullman & Comley. “Based on the political winds and their resources, the large LLM companies may never be fully held to account for their uncompensated use of content. Likewise, given the lack of certainty reflected in the law, it would be exceedingly risky to assume that content is now fair game to be used in creating your own AI-powered tools. As a result, there does not appear to be much of an upside to the Administration’s current position on AI for the insights industry.”
Melanie Courtright, CEO of the Insights Association, noted that, “While government guidance on the use of copyrighted content in AI training data remains somewhat ambiguous, the Insights Association’s Code of Standards & Ethics is unequivocal in its expectations. It calls for full transparency regarding underlying data sets — including their origin, usage rights, custodianship, structure, demographic representation, recency, and intellectual property ownership. As stewards of ethical insights generation, we must uphold this high standard not only to safeguard against legal risks, but also to reinforce the integrity, transparency, and fitness-for-purpose of the insights we deliver. In a rapidly evolving AI landscape, our commitment to self-regulation sets the bar — and raises trust.”
Stuart Pardau, outside counsel to IA, called the policy “an unambiguously bad development for content creators. The burgeoning behemoth AI platforms have built their businesses on the backs of existing copyrighted and other third-party proprietary content." Justice aside, Pardau said, “these core legal questions must ultimately be sorted out by the courts, not by Presidential fiat."
Ben de Seingalt, corporate counsel for MarketVision Research agreed with the goals of the White House plan, but warned that, “any strategy that weakens copyright protections is misguided... Certainly, copyright law must adapt to the AI era, but wholesale deregulation is not the solution. The need for innovation must be balanced with the protection of intellectual property.” He noted the insights industry’s insulation from this threat, because “our value is derived not from raw data, but from expert analysis, strategic guidance, and contextual understanding, capabilities that current AI systems cannot truly replicate. Insights data is largely absent from the public datasets used to train large language models and insights firms are bound by strict confidentiality agreements” which cannot be waived this way. de Seingalt further commented that, “Driven by business necessity rather than legal mandates, AI providers have already developed secure ‘zero-retention’ solutions for enterprise clients. Assuring confidentiality is a prerequisite for enterprise adoption and market forces will continue to drive AI development even with contrary policy goals or without specific regulatory mandates.” He concluded that, “True progress in AI requires fostering innovation within a framework that respects data ethics, protects intellectual property, and builds trust across all industries.”
This information is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with private counsel on the precise scope and interpretation of any laws/regulation/legislation and their impact on your particular business.
About the Author
Based in Washington, DC, Howard is the Insights Association's lobbyist for the marketing research and data analytics industry, focusing primarily on consumer privacy and data security, the Telephone Consumer Protection Act (TCPA), tort reform, and the funding and integrity of the decennial Census and the American Community Survey (ACS).
Howard has more than two decades of public policy experience. Before the Insights Association, he worked in Congress as senior legislative staffer for then-Representatives Christopher Cox (CA-48) and Cliff Stearns (FL-06). He also served more than four years with a science policy think tank, working to improve the understanding of scientific and social research and methodology among journalists and policymakers.
Howard is also co-director of The Census Project, a 900+ member coalition in support of a fair and accurate Census and ACS.
He has also served previously on the Board of Directors for the National Institute for Lobbying and Ethics and and the Association of Government Relations Professionals.
Howard has an MA International Relations from the University of Essex in England and a BA Honors Political Studies from Trent University in Canada, and has obtained the Certified Association Executive (CAE), Professional Lobbying Certificate (PLC) and the Public Policy Certificate (PPC).
When not running advocacy for the Insights Association, Howard enjoys hockey, NFL football, sci-fi and horror movies, playing with his dog, and spending time with family and friends.