# US AI copyright fair use litigation

> Live situation record from CLSTR: https://clstr.news/situations/us-ai-copyright-fair-use-litigation
> Updated: 2026-09-02T16:12:25.000Z. Sources: 37. Developments: 2.

Legal efforts to establish that training generative artificial intelligence models on copyrighted material constitutes ‘fair use’ have gained support from industry groups and the U.S. government.

Initially, the Computer & Communications Industry Association (CCIA), NetChoice, and A.I. Progress filed an amicus brief in the Mosaic LLM Litigation. They argued to the U.S. District Court for the Northern District of California that training is ‘highly transformative’ and serves to promote scientific and technological progress rather than protecting existing business models.

This position was subsequently reinforced by the U.S. Department of Justice in federal court filings related to litigation involving The New York Times and The Intercept. The DOJ argued that the training process is ‘extraordinarily transformative’ and does not harm the market for original works. The Department further suggested that requiring compensation for training data could act as a subsidy for legacy media and potentially hinder American economic prosperity and national security by providing a competitive advantage to foreign adversaries.

In a formal intervention in a Manhattan federal court regarding OpenAI, the DOJ reiterated that the benefits of AI development, including scientific and economic progress, outweigh potential harms to individual publishers. The administration further contended that the legality of AI-generated outputs should be evaluated separately from the legality of the training process itself. The New York Times and other media organizations have criticized this stance, arguing the administration is favoring ‘trillion-dollar tech companies’ at the expense of human creators.

In a recent statement of interest filed in the copyright infringement lawsuit brought by The New York Times against OpenAI and Microsoft, the DOJ warned that mandatory licensing regimes could create significant barriers to entry. Officials stated that requiring AI companies to pay for all training material could favor wealthy, established tech giants and create an oligopoly that marginalizes smaller developers.

## Claims

- The Department of Justice argues that training AI models on copyrighted material constitutes fair use. (corroborated by 25 sources)
- Restricting AI training access could hamper scientific progress and harm American economic prosperity. (corroborated by 21 sources)
- The US Department of Justice has formally intervened in the copyright dispute between OpenAI and The New York Times. (corroborated by 17 sources)
- The New York Times claims the administration is siding with AI companies at the expense of creators. (corroborated by 8 sources)
- The DOJ argues that legal responsibility for AI outputs should be considered separately from the legality of the training process. (corroborated by 3 sources)
- Mandatory licensing could create huge hurdles to entry and benefit large tech firms. (corroborated by 2 sources)
- Requiring payment for training materials would disproportionately benefit legacy media outlets. (single source)
- The Intercept argues the DOJ position threatens the financial survival of media outlets. (single source)

## Timeline

### 2026-09-02: U.S. Department of Justice supports OpenAI in copyright dispute

The U.S. Department of Justice has intervened in the OpenAI copyright dispute, arguing that training AI models on copyrighted news content constitutes fair use and is vital for national security and economic's.

35 sources. https://clstr.news/cluster/us-department-of-justice-backs-openai-in-copyright-fair-use-battle

### 2026-08-28: CCIA and partners file amicus brief on AI copyright fair use

The CCIA, NetChoice, and A.I. Progress filed an amicus brief arguing that training generative AI on copyrighted material is lawful fair use in the Mosaic LLM Litigation.

2 sources. https://clstr.news/cluster/ccia-and-partners-file-amicus-brief-on-ai-copyright-fair-use

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Cite as: US AI copyright fair use litigation. CLSTR, https://clstr.news/situations/us-ai-copyright-fair-use-litigation