# OpenAI highlights 20 briefs backing AI training as fair use in copyright case

Digest AI · Policy & Regulation · published 2026-11-02T09:04:00Z

Canonical: https://digestai.news/story/openai-highlights-20-briefs-backing-ai-training-as-fair-use-in-copyrig

## Summary

OpenAI published a post on Friday sharing excerpts from 20 legal filings urging a U.S. court to rule that training large language models on copyrighted works qualifies as fair use. The briefs, filed in *In re OpenAI, Inc. Copyright Infringement Litigation*, include submissions from library advocates, disability rights groups, tech investors, law professors, and the U.S. Department of Justice (DOJ). The DOJ argued that licensing data for training would stifle competition and harm national security, while others framed fair use as a win for innovation and public access.

The case, pending in the Southern District of New York, consolidates lawsuits from *The New York Times*, news publishers, and authors led by the Authors Guild. Judge Sidney H. Stein’s decision will be the first in New York, the first involving OpenAI, and the first to address claims from both news and book publishers. Some briefs, like those from the Authors Alliance, warned that restricting fair use could disproportionately harm small presses and emerging writers. Others, such as the Electronic Frontier Foundation (EFF), opposed penalizing general-purpose AI tools for intermediate copying. OpenAI’s post framed the Times’ lawsuit as an attempt to ‘ignore a half-century of legal history’ and ‘rewrite copyright law.’ Reply briefs are due by November 20.

## Key points

- OpenAI shared 20 briefs supporting fair use for AI training, including DOJ’s argument that licensing harms competition and security
- Judge Sidney H. Stein’s ruling will be first in NY, first for OpenAI, and first to combine news and book publisher claims
- Authors Alliance warns fair use restrictions could hurt small presses and emerging writers, while EFF opposes penalizing AI tools

## Why it matters

The outcome could set a precedent for how courts interpret fair use in AI training, influencing licensing costs, innovation, and access to copyrighted data.

## Sources

1. [OpenAI Touts Briefs Backing Fair Use for AI Training](https://ipwatchdog.com/2026/11/02/openai-touts-briefs-backing-fair-use-for-ai-training) (ipwatchdog.com, 2026-11-02)

Part of the developing story: [AI Training Copyright Legal Battle](https://digestai.news/thread/usa-today-sues-openai-and-microsoft-for-250m-over-copyrighted-journalism-in-ai) (4 stories)

## Cite

Digest AI, "OpenAI highlights 20 briefs backing AI training as fair use in copyright case", 2 November 2026, https://digestai.news/story/openai-highlights-20-briefs-backing-ai-training-as-fair-use-in-copyrig

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