OpenAI publishes a collection of court briefs backing fair use for AI training

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OpenAI publishes a collection of court briefs that support applying fair use to AI training — it carries excerpts drawn from briefs filed with the court in the New York Times case by authors, journalists, creators, scholars, accessibility groups, legal scholars, librarians, economists and business people, and said the full texts are on the public docket. The filers named include AI Progress; the American Council of the Blind, the Association of Research Libraries, the American Library Association, the Consumer Technology Association and BSA; Authors Alliance; Engine and Developers Alliance; Foundation for American Innovation; Public Knowledge; Matthew Sag; and Kevin Kelly, along with **the U.S. government**

Why it matters

It is a document in which a party to the case picked and bound only the briefs that favor it, so it must not be read straight as fact — the briefs on the other side are not included, and the party's own description of the New York Times suit as a chase for an unjust windfall is left in as written. Even so, the fact that the U.S. government filed on the fair use side in this case carries a different weight. A month earlier the U.S. Court of Appeals for the Third Circuit denied fair use for a non-generative tool while leaving generative training undecided, and it is over exactly that empty space that the fight between briefs is now taking place

Source — Primary sources first; secondary reports are labelled “Press”

Officialopenai.comhttps://openai.com/index/fair-use-benefits-everyone/

Added in Week 44, 2026 · See that week

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  3. Next stopAmicus filings over fair use pile up in OpenAI copyright case (1:25-md-03143)
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