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The DOJ Legal Brief Threatens Author Copyrights: A Battle for the Soul of Publishing
The Justice Department filed a statement of interest supporting OpenAI's fair use defense in the consolidated copyright case in New York. What the filing does and does not change.
On September 1, 2026, the US Department of Justice filed a statement of interest in the consolidated copyright litigation against OpenAI in the Southern District of New York, brought by The New York Times, other publishers and authors including John Grisham and George R. R. Martin (Authors Guild). The filing supports OpenAI's position that training AI models on copyrighted works can be fair use, describing training as "extraordinarily transformative." A statement of interest is an executive-branch filing, not a court ruling, and it carries advisory rather than binding weight.
The Fair Use Argument
AI companies argue that training converts text into statistical patterns, a transformative use. Authors and publishers argue that copying whole books without a license is infringement and that model outputs can compete with their work. The DOJ filing distinguishes training from outputs, leaving open whether specific outputs infringe.
What the Filing Changes
The judge is not bound by the government's view, and the fair use question will be decided on the record in the case. Still, the filing puts the federal government's weight behind the AI companies' main defense.
The case remains pending in the Southern District of New York.