DOJ Supports OpenAI's Fair Use Defense in NYT AI Lawsuit
On September 1, 2026, DOJ filed a brief backing OpenAI's fair use defense in the NYT AI lawsuit.
Why it matters: This federal position clarifies copyright boundaries for AI training, affecting legal and IP professionals. It signals government backing for innovation amid ongoing copyright disputes over AI.
- DOJ filed a brief on September 1, 2026, supporting OpenAI’s fair use claim in Manhattan federal court.
- The New York Times sued OpenAI and Microsoft in 2023 over unauthorized use of its articles for AI model training.
- DOJ argued that restricting AI training on copyrighted works risks harming innovation, the economy, and national security.
- NYT and media groups claim unauthorized AI training threatens their intellectual property and financial stability.
On September 1, 2026, the Department of Justice (DOJ) intervened in a landmark case by filing a brief in Manhattan federal court backing OpenAI's position that training large language models (LLMs) on copyrighted materials constitutes fair use. This defense allows limited use of copyrighted content without permission for purposes such as innovation and research.
The dispute began in 2023 when The New York Times sued OpenAI and Microsoft, alleging their AI models were trained on millions of NYT articles without authorization. The lawsuit highlights tensions between content creators and AI developers over data use.
In its brief, the DOJ emphasized that restricting AI training on copyrighted works could hinder technological advances, slow economic growth, and even undermine national security interests. The government stated, “The United States has a strong interest in this court rejecting any argument that training LLMs on copyrighted texts violates copyright law,” further noting that the “creative possibilities and public benefits…far outweigh any competitive harm.”
By contrast, NYT and several media organizations contend that unauthorized AI training threatens their intellectual property rights and revenue streams. They view this as a critical challenge to the sustainability of journalism and content licensing models.
This DOJ filing marks a significant government policy statement clarifying the application of fair use to AI training. It is a pivotal reference point for in-house counsel, IP lawyers, and legal tech firms managing AI-related copyright issues.
Legal teams should watch for judicial interpretations of this position, as court rulings will impact future AI development and content licensing negotiations.
Explore the full DOJ court brief and analysis for more details.
By the numbers:
- September 1, 2026 — DOJ brief filed supporting fair use in AI training case
- 2023 — NYT sued OpenAI and Microsoft over AI training on its articles
Yes, but: The NYT and other media groups argue this government stance overlooks copyright holders’ financial harms and could undermine incentives to create original content.
What's next: Courts will soon rule on the fair use arguments, defining legal precedent for AI training on copyrighted material, with implications for future lawsuits and licensing.