IAB Drafts AI Accountability Act to Force Payment for Content Scraping
February 20, 2026
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The Interactive Advertising Bureau released a draft AI Accountability for Publishers Act that would force AI companies to pay publishers for scraping their content. The proposed federal legislation goes beyond existing copyright protections by creating mandatory licensing requirements for AI training data.
IAB's Payment Framework Takes Aim at Big Tech
The draft bill establishes a "use it, pay for it" principle for AI companies scraping publisher content. Unlike copyright law, which requires proving ownership and infringement, this framework would create automatic licensing obligations when AI systems access publisher content for training or response generation.
The IAB's proposal includes specific enforcement mechanisms: AI companies must disclose their data sources, establish compensation frameworks, and face penalties for non-compliance. The bill also creates safe harbors for publishers who explicitly consent to AI scraping through licensing agreements.
Here's what matters: This isn't just another industry position paper. The IAB plans to shop this legislation to members of Congress, particularly those already scrutinizing AI regulation.
Revenue Impact Could Reach Millions for Major Publishers
The financial stakes are substantial. Publishers with 5 million monthly visitors could potentially generate $50,000-$200,000 annually in AI licensing fees, according to IAB estimates. Larger publishers, such as news organizations with 50 million monthly visitors, could see licensing revenue in the $500,000- $2 million range.
The catch: These numbers assume AI companies actually comply and pay. Current licensing deals between OpenAI and publishers like News Corp reportedly range from $5 million to $50 million annually but cover only a handful of major media companies.
Translation: Most publishers are still getting scraped without compensation. The proposed legislation would extend payment obligations to all publishers, not just those with enough leverage to negotiate direct deals with AI companies.
Implementation Timeline Faces Political Reality
The bill faces a lengthy legislative process. The IAB expects to introduce the legislation in early 2026, but passage could take 18-24 months minimum. That assumes bipartisan support, which isn't guaranteed given the political complexity of AI regulation.
Meanwhile, publishers should document their current exposure to AI scraping. The legislation includes retroactive provisions for content used in AI training over the past two years, meaning publishers could claim compensation for historical scraping if the bill passes.
Publishers should also review their robots.txt configurations now. The draft bill gives weight to explicit scraping permissions, meaning current consent signals could affect future compensation eligibility.
What's Next for Publisher Protection
The legislation represents publishers' most aggressive attempt to monetize AI scraping, but success depends on political momentum and industry pressure. Expect AI companies to lobby heavily against mandatory licensing requirements.
Publishers can start protecting their content and documenting AI crawler activity with Playwire's AI Crawler Protection Grader, which analyzes current exposure and provides actionable blocking recommendations.
Editorial Disclosure
This article was produced with AI assistance and reviewed by the Playwire editorial team. News sources are cited where applicable. Playwire is committed to providing accurate, timely information to help publishers navigate the digital media business. For questions about our editorial process or to suggest topics for future coverage, contact our team.
