Trump administration backs OpenAI in New York Times copyright battle

The Trump administration has formally intervened in the copyright lawsuit filed by The New York Times against OpenAI, submitting a 20-page brief that supports OpenAI's argument that using copyrighted material to train large language models (LLMs) constitutes fair use. The administration contends that restricting LLM development based on a narrow interpretation of fair use would hinder creative and scientific progress, as well as American prosperity and economic mobility.

The administration's brief asserts that the New York Times' attempt to limit the fair-use doctrine to exclude AI model training is inconsistent with fundamental copyright law principles. It emphasizes that LLMs are already facilitating significant breakthroughs across various fields and that broad copyright liability for AI training without licensing would be problematic and legally incorrect. The statement also warns that such restrictions could hamper competition, potentially creating an oligopoly for the largest technology companies due to high licensing fees that would disproportionately benefit legacy media outlets.

While this intervention is not a ruling, it carries significant weight, as the Trump administration has previously used statements of interest to advance its policy aims, particularly concerning AI. The case is being tried in the U.S. District Court for the Southern District of New York. The administration highlighted that the fair-use inquiry is fact-specific but stressed that LLM training is consistent with copyright's constitutional objective of promoting "the Progress of Science and useful Arts."

This move comes as other media outlets and authors have also filed lawsuits against AI companies for similar reasons, though some, like The Associated Press and Axel Springer, have opted for licensing deals. A previous ruling in 2025 regarding Anthropic found that while models could be trained on lawfully purchased books under fair use, the company was still liable for piracy related to illegal shadow libraries, resulting in a $1.5 billion settlement.