Fair use benefits everyone
Fair use is crucial for innovation, driving medical breakthroughs and new technologies. The New York Times' lawsuit challenges this principle, seeking to ignore legal history for financial gain. AI, a transformative technology, accelerates novel work creation across arts and sciences. A ruling against fair use would impede AI development and the creation of new original works, granting plaintiffs an excessive monopoly beyond what Congress intended. The use of copyrighted works to train large language models should be considered fair use under 17 U.S.C. § 107.
This brief argues that "market dilution" from non-infringing outputs is not a cognizable market harm under 17 U.S.C. § 107(4), unlike previous interpretations of copyright law.
Time & source
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PublishedOffset at this time: UTC+0Oct 30, 2026, 00:00 UTC
IngestedOffset at this time: UTC+0Oct 30, 2026, 22:01 UTC
- Published
- Oct 30, 2026, 00:00
- Ingested
- Oct 30, 2026, 22:01
- Source type
- Official
- Tier
- First-party
- Source status
- Healthy
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For decades, fair use has played a critical role in driving innovation that benefits everyone. It has helped deliver important medical and scientific breakthroughs and new technologies that have made real and positive differences for countless people, including authors and journalists. The New York Times’ lawsuit , meanwhile, asks everyone to ignore a half century of legal history and progress, and toss aside the longstanding principle of fair use in their own narrow pursuit of an undeserved payday.
Experts and leaders across a wide range of fields have recognized that fair use is a win-win that benefits everyone, and have shared their perspectives with the Court in filing briefs in support of fair use.
Below you’ll find excerpts from some of those submissions, in their own words. The full filings are available on the public court docket, and you can read more about fair use and AI here .
- AI Progress
- American Council of the Blind, Association of Research Libraries, American Library Association, Consumer Technology Association & Business Software Alliance
- Authors Alliance
- Chamber of Progress, Abundance Institute and Trevor Lawrence Jr.
- Computer and Communications Industry Association
- Ed Lee and Rebecca Tushnet
- Electronic Frontier Foundation
- Engine and Developers Alliance
- Foundation for American Innovation
- Gregory Leppert
- Joshua S. Gans
- Kevin Kelly
- Khosla Ventures
- Matthew Sag
- Michael Wall and Sarah Rose Siskind
- Mike Knoop, Daniel Lowd, Douglas Schmidt
- Public Knowledge
- Senator Rick Santorum and Representative Rick Boucher
- Ron Suskind and Brian L. Frye
- United States Government
AI Progress (opens in a new window)