2026-09-03 · Source: Insurance Journal
Summary in 3 Points • The US government filed a brief supporting OpenAI in a copyright case • The case involves OpenAI's use of newspaper articles for AI training • The government argues AI training is transformative and supports fair use --- The Trump administration has submitted a brief in support of OpenAI in its legal dispute with the New York Times and other newspapers. The case concerns OpenAI's use of copyrighted newspaper articles to train its language models, such as ChatGPT. The US government argues that AI training generally constitutes fair use of copyrighted material, points to the importance of AI for national security and economic growth. This brief, filed in Manhattan federal court, marks the first instance of the US government intervening in a series of similar cases brought by copyright owners against tech companies. The outcome of these cases will likely hinge on whether AI's use of copyrighted material is deemed transformative.
This case could have direct consequences for the London insurance market, particularly in terms of intellectual property coverage and liability. If AI training is deemed fair use, insurers may need to reassess policy wordings related to copyright infringement. Underwriters could face increased exposure to claims from copyright holders if the courts rule against tech companies. The outcome may also influence pricing strategies for policies covering tech firms involved in AI development.