Skip to content
Submit incident
AII-1001-86789
AllegedThe record is a lawsuit, complaint or accusation that has not been decided.

Courts push back on AI training copyright infringement

Copyright holders including major studios are litigating against AI companies over the use of copyrighted material in training large language models, while courts examine whether such use qualifies as fair use. The Motion Picture Association and others argue that AI development must respect copyright protections.

28 March 2025 ยท OpenAI ยท Intellectual property and appropriation
28 March 2025
AII-1001-867893 sources โ†“
Quick facts
Category
Intellectual property and appropriation
Country
United States
Source
Axios
Date
28 March 2025
Drafted by
Raidu Incident Detection

What happened

OpenAI and Google have sought fewer restrictions on how they use content to train large language models, requesting that copyright protections be eased, framing the matter as a national security concern in competition with China.

Reported impact

Copyright owners, including studios, have raised concerns that unrestricted AI training threatens the copyright system that incentivizes creation of original content.

Index analysis

Courts have begun examining whether the use of copyrighted material in AI training qualifies as fair use, with a Delaware court reconsidering its prior position on the subject.

Governance controls

The Motion Picture Association filed a 10-page comment with the White House Office of Science and Technology, arguing that AI 'can, and must, coexist with a copyright system that incentivizes the creation of original expression and protects the rights of copyright owners.'

Classification

Category
Intellectual property and appropriation
Industry
Media, social platforms and marketing
Country
United States
Harm status
Potential harm
Intent
Unknown
Timing
Unknown
Harm types
Economic or property
Harmed
Business
Failure modes
Training data misuse, Unauthorised scraping
Consequences
Litigation
AI systems
Large language models
Regulations
FCRA (cited)

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

Axios
NYT case against OpenAI and Microsoft can advance
1 April 2025
Deadline
MPA Says Copyright Law Must Be Defended In AI Age
1 April 2025
Lexology
To fair use or not to fair use - An EU perspective of Delaware court's U-turn in respect of use of fair use defence for AI training
1 April 2025
Oct 2026Carlsen Verlag sues OpenAI for copyright infringement of "Das NEINhorn"AllegedIntellectual property and appropriationSpiegel OnlineRP OnlineBรถrsenblatt+5Oct 2026Argentine media group Perfil sues OpenAI and Microsoft over unauthorized content useAllegedIntellectual property and appropriationPerfilClarinSep 2026Mathematician Accuses OpenAI of Using Unpublished Research in Model TrainingAllegedIntellectual property and appropriationThe VergeCybernewsQuartz+2Sep 2026OpenAI's GPT-6 Astra shows academic integrity concerns in mathematics researchAllegedIntellectual property and appropriationฤแปc bรกo tin tแปฉc, tin mแป›i Ngร y nay OnlineVietnamPlusAug 2026AI companies buy and destroy rare books for model trainingAllegedIntellectual property and appropriationThe Wall Street JournalOman Observer