The administration of US President Donald Trump has sided with OpenAI in a copyright lawsuit filed by The New York Times, arguing that using copyrighted material to train artificial intelligence models can qualify as fair use.
The New York Times sued OpenAI and Microsoft in late 2023, accusing the companies of using millions of its articles to train AI models without permission.
In a 20-page court filing, the US Justice Department argued that the creative potential and public benefits of training large language models outweigh possible competitive harm. It described AI training as highly transformative and said restricting the practice based on an overly broad interpretation of copyright law could slow technological and scientific progress.
The Justice Department also argued that the position taken by The New York Times could create barriers for new companies entering the AI industry while benefiting established media organisations.
Associate Attorney General Stanley Woodward said the Trump administration considers maintaining US leadership in artificial intelligence important to national security and economic prosperity.
The New York Times, however, criticised the administration's position, saying it favours major AI companies at the expense of writers, publishers and other creators. The newspaper argued that allowing AI companies to use copyrighted material without permission or compensation could threaten the sustainability of human-created content.
The dispute is part of a wider legal battle over how copyright law should apply to generative AI. Publishers, authors, musicians and artists have increasingly taken legal action against technology companies or negotiated licensing agreements over the use of their work.
In July, a US judge approved a $1.5 billion settlement between Anthropic and several authors who accused the company of illegally copying books to train its Claude AI system. The judge had ruled that using books to train the AI was transformative enough to qualify as fair use, while determining that the use of pirated material raised separate legal concerns.
The copyright debate is also affecting other major technology companies, with several publishers suing Meta over allegations that it used copyrighted material without authorisation.
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