Justice Department Supports OpenAI in Copyright Dispute with Publishers
The Justice Department has expressed its support for OpenAI, siding with them in the ongoing copyright fight against publishers. In a recent court filing, the department argued that forcing OpenAI to pay for training data could compromise national security and benefit foreign adversaries.
September 2, 2026 – 10:10 pm
The OpenAI logo is displayed through a magnifying glass. (Credit: Jernej Furman, CC BY 2.0)
Key Points:
- The Justice Department filed a statement of interest backing OpenAI‘s fair use defense in copyright cases involving publishers.
- National security concerns were raised, stating that strict licensing rules could hinder the development of a robust American AI industry and give an advantage to foreign competitors.
- However, critics argue that the administration is favoring large AI companies, while The New York Times maintains that AI firms should simply pay fairly for the content they use.
Legal Context:
- The cases are centralized in the Southern District of New York, with The Times initiating the lawsuit in December 2023, and Ziff Davis (owner of CNET) following suit in 2025. Over 400 local newspapers have also joined the legal action.
- In contrast to the U.S., European copyright law does not recognize a fair use doctrine but instead has a closed list of exceptions, including a text and data mining exception with an opt-out clause.
- The AI Act aligns with this European mechanism, requiring general-purpose model providers to respect copyright reservations and ensuring they do not gain an unfair advantage in the EU market.
Recent Developments:
- A Munich court previously ruled against OpenAI, determining that GPT-4’s memorized lyrics constituted reproduction and were not covered by the mining exception. This judgment is under appeal, potentially to the Court of Justice.
- A win for OpenAI in New York would not automatically extend to other European markets where publishers have similar concerns and legal actions pending.