Artificial Intelligence

DOJ Says Barring AI Training on Copyrighted Material Could 'Severely Hamper' Tech Progress

Training a model on copyrighted work is the same transformative use exception that protects The New York Times' journalism.

Tosin Akintola | 9.4.2026 2:53 PM

Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL Add Reason to Google

Media Contact & Reprint Requests

(Illustration: Midjourney)

In 2023, The New York Times sued OpenAI—and its largest investor, Microsoft—for "systematic and competitive infringement," accusing the companies of illegally using copyrighted material to develop their AI models. After other publishers filed their own lawsuits, the cases were consolidated last year in the U.S. District Court for the Southern District of New York. 

On Tuesday, the Justice Department sent a statement of interest arguing the Times' position is "inconsistent with basic copyright law principles" and could "severely hamper 'the Progress of Science and useful Arts.'" Training AI models on copyrighted material "in and of itself," the administration says, is not a violation of copyright laws.

Section 107 of the Copyright Act of 1976 outlines the conditions of "fair use," which allows anyone to use unlicensed copyright-protected works for criticism, comment, news reporting, teaching, scholarship, and research.

The Justice Department contends that any use by the AI companies should be considered fair use for a transformative purpose. The Times has rejected this argument, declaring........

© Reason.com