Trump administration backs OpenAI in New York Times copyright lawsuit

The Trump administration filed a statement of interest in The New York Times’ copyright lawsuit against OpenAI, arguing that training AI models on copyrighted text constitutes fair use. The filing, made this week, contends that restricting such training would ‘severely hamper’ progress in science and ‘American prosperity.’ U.S. attorneys wrote that The Times’ position would ‘narrow fair-use doctrine to exclude the training of OpenAI’s large language models,’ contradicting ‘basic copyright law principles.’

The administration’s argument hinges on the claim that large language models are already enabling ‘major breakthroughs’ across research fields, and that limiting their development would ‘thwart creative and scientific progress.’ The statement invokes constitutional language, asserting that LLM training aligns with copyright’s objective to promote ‘the Progress of Science and useful Arts.’

This intervention reflects a broader federal stance outlined in the National AI Legislative Framework, which previously argued that AI training should qualify as fair use. The administration has used statements of interest in private litigation as a tool to advance policy goals, with officials describing the approach as ‘incredibly’ successful.

The lawsuit, filed by The New York Times in December 2023, alleges that OpenAI unlawfully trained its models on the newspaper’s articles and seeks ‘billions of dollars’ in damages from both OpenAI and Microsoft. The case could establish precedent for similar disputes involving media outlets like the Center for Investigative Reporting, Chicago Tribune, and New York Daily News, which have also filed lawsuits against AI labs.

While the administration supports OpenAI’s fair-use claim, the legal landscape remains mixed. A 2025 ruling allowed Anthropic to train on lawfully purchased books but held the company liable for piracy, resulting in a $1.5 billion settlement with authors. Meanwhile, some media organizations, including The Associated Press and Axel Springer, have negotiated licensing deals with OpenAI, indicating industry efforts to resolve disputes outside court.