Unions Urge Judge to Reject Blanket Fair Use in OpenAI Copyright Case
SAG-AFTRA, the WGA East and West, and the American Federation of Music filed a joint amicus brief arguing that AI training without licences harms creators, according to deadline.com.
SAG-AFTRA, the Writers Guild of America East and West, and the American Federation of Music filed a joint amicus brief on Thursday in the OpenAI copyright case, asking a federal judge to reject a categorical fair use exemption for training AI models, according to deadline.com.
The brief runs to 34 pages and argues that unlicensed training harms creators, not only the news plaintiffs bringing the suit. The unions contend that fair use must be decided case by case rather than through blanket exemptions.
The filing also warns that a categorical fair use ruling would undermine the AI licensing terms the unions negotiated with studios and companies.
The background to the dispute stretches back to the 2023 strikes, when AI was a cornerstone issue. The topic resurfaced in 2026 negotiations, when the unions sought language defining the AI licensing market and secured a notice-and-bargaining right for third-party licences of covered work used to train commercial generative AI systems.
The consolidated copyright action, based in New York, involves the New York Times, Florida and Arkansas papers, The Intercept and individual authors, according to the background of the case.
Quick answers
What did the unions ask the judge to do in the OpenAI case?
They asked the federal judge to reject a categorical fair use exemption for training AI models.
Why do the unions oppose blanket fair use for AI training?
They argue unlicensed training harms creators and that a categorical ruling would undermine the AI licensing terms they negotiated with studios and companies.
How long is the amicus brief?
The brief is 34 pages long.