ARTFEED — Contemporary Art Intelligence

US Government Backs OpenAI in Copyright Training Case

ai-technology · 2026-09-02

The Trump administration has filed a 20-page brief supporting OpenAI in its legal battle against The New York Times regarding the use of copyrighted materials for training large language models. The brief emphasizes the importance of a competitive artificial intelligence sector and maintaining U.S. leadership in technology. Citing a presidential executive order, it addresses the crucial issue of whether such practices qualify as 'fair use,' which allows certain unlicensed uses. The administration warns that misinterpretations could stifle innovation and economic growth, noting that previous court decisions typically favored AI companies. The case is ongoing in New York's Southern District Court.

Key facts

  • The Trump administration filed a 20-page brief in the lawsuit The New York Times v. OpenAI.
  • The brief supports OpenAI's unlicensed use of copyrighted material for AI training.
  • It cites an executive order signed by President Donald Trump to retain global AI leadership.
  • The case involves the fair use doctrine and whether AI training is transformative.
  • Judge William Alsup previously ordered Anthropic to pay $1.5 billion for using shadow libraries.
  • The brief is not a ruling but could carry weight in the case.
  • The case is being tried in the U.S. District Court for the Southern District of New York.

Entities

Institutions

  • OpenAI
  • The New York Times
  • Anthropic
  • U.S. District Court for the Southern District of New York
  • Microsoft
  • Manhattan federal court
  • Trump administration
  • US government
  • Department of Justice
  • Alden Global Capital
  • The Intercept
  • Loevy & Loevy
  • Nieman Journalism Lab
  • Nieman Foundation for Journalism at Harvard
  • Futurism
  • Los Angeles Times

Locations

  • United States
  • New York
  • Manhattan

Sources