Trump Administration Backs OpenAI in Copyright Case Against New York Times

The U.S. government has officially intervened in a significant legal battle concerning artificial intelligence and copyright law. On September 1-2, the Trump administration submitted a statement of interest in the New York Times’ lawsuit against OpenAI, asserting that the training of large language models (LLMs) on copyrighted content should be considered fair use under U.S. law.

This intervention marks a pivotal moment, as it is the first time the U.S. government has taken a formal stance in AI copyright litigation involving a major publisher. The administration's brief emphasizes that the case transcends a simple copyright dispute, framing it as a matter of national interest. It highlights the importance of scientific advancement, economic growth, and national security, arguing that restricting AI companies' access to copyrighted texts during training could hinder the U.S.'s competitive edge in the global AI landscape.

OpenAI has maintained that its use of copyrighted materials is transformative, a crucial aspect of fair use analysis. The government's filing supports this perspective, suggesting that limiting the training process would disadvantage the U.S. in the international AI race.

The New York Times initially filed the lawsuit in December 2023, accusing OpenAI and Microsoft of using millions of its copyrighted articles without permission to train AI systems. The newspaper seeks billions in damages, claiming that OpenAI’s products directly compete with journalism and threaten its business model. In July 2026, the Times escalated the situation by filing a motion for sanctions against OpenAI, alleging misconduct related to data handling and discovery processes.

This case extends beyond the courtroom, indicating that AI copyright law is now a policy issue with geopolitical implications. The government’s position offers reassurance to the tech industry, as major AI companies rely heavily on copyrighted text data for model training. A ruling in favor of fair use could validate a foundational practice in modern AI development, influencing similar lawsuits from other publishers and shaping future copyright law.

Ultimately, the case underscores a fundamental tension in copyright law, which seeks to balance the rights of creators with the public's interest in access to knowledge and innovation—a balance that existing laws may not adequately address in the context of advanced AI technologies.