CCIA argues training AI on copyrighted material is fair use in OpenAI case
nordicinst · x · 2026-11-04
Burke Kappler, Deputy Director of CCIA's Litigation Center, lays out the central legal question in the In re OpenAI Copyright Infringement Litigation: does training AI on copyrighted material infringe copyright?
The cases involve OpenAI training its LLMs without permission on material from the New York Times, Daily News papers, Ziff Davis, the Center for Investigative Reporting, The Intercept Media, book authors and the Authors Guild. CCIA argues such use can qualify as "fair use" — if the court agrees, OpenAI's use was permissible; if not, it faces liability. The case is seen as the most important opportunity to resolve this emerging copyright question.
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