OpenAI Publishes Fair Use Arguments in New York Times Copyright Case

Following the US government's filing supporting its position, OpenAI published excerpts from court submissions arguing that AI training can qualify as fair use in its copyright case with The New York Times, as detailed on its website.

The submissions came from the US government, library and accessibility groups, technology associations, legal experts, authors and independent creators. Several argued that model training serves a different purpose from the original works and does not give users substitute access to those works.

Other filings rejected claims that competition from noninfringing AI output counts as copyright market harm. Public Knowledge cited earlier rulings that applied fair use to image search, book search and accessible digital books, while independent creators described using AI for administrative work and parts of their creative businesses.