Experts and US Government File Briefs Supporting Fair Use for AI Training in NYT Lawsuit
·2026.10.30 09:00
Key point
Amici curiae including the US Government, Authors Alliance, and independent creators argue that using copyrighted works for AI training is transformative and does not cause cognizable market harm.
Details
- The US Government and a coalition of experts, including authors, librarians, and legal scholars, have filed amicus briefs supporting the defense that AI training constitutes fair use in the New York Times v. OpenAI lawsuit.
- The US Government argues that restricting LLM development would violate basic copyright principles and hinder the progress of science and useful arts, noting that publications and researchers are already leveraging LLMs for breakthroughs.
- Authors Alliance contends that the plaintiffs' "market dilution" theory is not cognizable market harm under 17 U.S.C. § 107(4), as copyright protects against substitution of protected expression, not competition from new, noninfringing works.
- Independent creators Michael Wall and Sarah Rose Siskind state that AI tools are essential for their businesses, helping them manage operations and create new works without displacing their creative processes.
- The American Council of the Blind and other organizations emphasize that fair use supports access to knowledge for people with disabilities and educators, warning that restrictions would affect both AI builders and end-users.
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