SAG-AFTRA, WGA & AFM Ask Judge To Reject Fair Use Exemption In OpenAI Copyright Battle & Warn Of “Harms Of Unlicensed Training” For AI Models
Four entertainment unions are urging a federal judge to reject a blanket fair use exemption for training AI models in the copyright case against OpenAI. They argue that unlicensed use of creative work could shift value from human creators to technology companies and weaken workers’ ability to negotiate payment and terms.
Their 34-page brief says copyright questions should be decided case by case, and that a categorical ruling could undermine licensing and bargaining provisions secured by actors’ and writers’ unions in 2026 negotiations. The consolidated case also involves news organisations and numerous authors, including the New York Times, George R.R. Martin and John Grisham.
In short
- Four unions oppose blanket fair use for AI training.
- They warn unlicensed training could harm working creators.
- A broad ruling could weaken negotiated licensing rights.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The unions’ strongest case is that using creative works to train commercial AI without permission or payment can transfer value from creators to technology companies, weakening workers’ bargaining power and the market for licensing. Deciding fair use case by case, they argue, would preserve established copyright protections and allow courts to account for differences between works and uses.
The case against
The strongest case against the unions’ position is that training on existing works may be a transformative use that helps develop new tools without substituting for the originals. A broad fair use ruling could support innovation and access to AI, while avoiding licensing requirements that may be difficult to negotiate at scale and could entrench the largest companies able to afford them.
Explained simply
Copyright gives creators control over how their work is copied and used. AI models are trained on large collections of material, and disputes arise when that material includes books, articles, scripts or performances used without permission.
OpenAI is among the companies facing lawsuits over such training. The cases bring together claims from news organisations and authors, while entertainment unions represent workers including actors, writers and musicians.
The legal question is whether using copyrighted works to train AI can be allowed under fair use, a rule that permits some uses without permission. The outcome could affect how courts assess AI training and whether creators and their representatives can negotiate payment and terms for licensed use.
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