The Trump administration filed a 20-page legal brief on September 1, 2026, supporting OpenAI in a copyright lawsuit brought by the New York Times alleging unauthorized use of its articles to train AI models [1, 2, 3]. The lawsuit, initially filed in 2023, includes other newspapers alongside the Times and claims the use of copyrighted content for AI training was without permission [1, 3].

The government's brief argues that training AI on copyrighted material falls under fair use because it is transformative. It states, "The United States has a strong interest in continuing to develop a robust and competitive artificial intelligence industry that sets the standard for the practice and procedure of AI use globally … As such, it is critical for the United States to ‘retain global leadership in artificial intelligence'" [1].

US associate attorney general Stanley Woodward Jr said, "AI dominance is critical to promote national security, prosperity, and economic mobility for all Americans. This Administration will never let our Nation be at a disadvantage relative to our foreign adversaries based on a plainly incorrect understanding of copyright law" [1].

The brief emphasizes that constraining large language model (LLM) development due to a misunderstanding of fair use would impede scientific progress and American prosperity [3]. It clarifies that OpenAI’s AI models do not compete directly with the New York Times' content in the marketplace [3].

The government's support extends beyond OpenAI and the Times, applying to other ongoing cases involving publishers and AI companies [1, 3]. US Commerce Secretary Howard Lutnick, speaking at a G20 meeting in North Carolina on the same day, called for policies allowing AI training on creators’ work while protecting artists, urging countries to embrace fair use [1].

A related 2025 ruling by Judge William Alsup in a case against Anthropic found that LLMs trained on copyrighted works aim to create something different rather than replicate or replace original content [2]. An Anthropic copyright settlement worth $1.5 billion was reached last year [2].

The New York Times and OpenAI had not immediately commented following the brief’s filing [1]. The court is expected to review the arguments as the case proceeds in federal court in Manhattan.