DOJ backs OpenAI in New York Times copyright case

The US Department of Justice has backed OpenAI in its legal battle with The New York Times, arguing in a court filing that training AI models on copyrighted material can qualify as fair use under US law.

The dispute stems from a December 2023 lawsuit in which The New York Times accused OpenAI of using its articles without permission to train AI models like ChatGPT, alleging copyright infringement. The case is one of several testing whether AI companies can legally ingest vast amounts of copyrighted text, images, and other media to build their systems. The Justice Department’s intervention signals a potential shift in how courts might interpret fair use in the context of AI development.

In its letter to the federal court in Manhattan, the DOJ argued that AI training often involves transformative uses of copyrighted works—meaning the material is repurposed for a new function, such as teaching models to generate human-like text. The government noted that fair use analysis depends on factors like the purpose of the use and its effect on the market for the original work. OpenAI has claimed its training process falls under this doctrine, while The New York Times contends it harms its business by enabling AI to replicate its content.

The case could set a precedent for the AI industry, which relies heavily on existing content to train models. If the court sides with OpenAI, it may embolden other companies to use copyrighted material for AI training. If The New York Times prevails, AI firms could face higher costs or legal risks, potentially slowing innovation. A decision is not expected for months.