DOJ argues AI training qualifies as fair use in Times lawsuit

The Department of Justice has filed arguments in the New York Times copyright lawsuit asserting that AI model training on copyrighted material constitutes fair use under US law. This position directly opposes a recent Copyright Office report that took a more restrictive stance, whose director was subsequently removed by the Trump administration. The filing represents a significant shift in federal legal strategy that could reshape how AI developers approach training data acquisition and establish precedent for whether large-scale text ingestion requires licensing or permission.
Modelwire context
Analyst takeThe DOJ's position creates a direct contradiction within the federal government itself, pitting the executive branch's litigation strategy against the Copyright Office's own published guidance. The removal of the Copyright Office director adds a political dimension that courts will have to navigate when weighing the weight of that agency's opinion.
This filing lands one day after our coverage of Google pursuing direct Hollywood licensing deals ('Google needs Hollywood more than the studios need AI', September 1). Those two data points now pull in opposite directions: Google is paying for permissions while the DOJ argues permissions aren't legally required. If the DOJ's fair use argument prevails, Google's licensing strategy looks like an expensive hedge rather than a necessity, and the studios lose the leverage our earlier analysis said they had. Labs watching this case now face a genuine strategic fork: negotiate licenses and reduce litigation risk, or hold out and wait for a ruling that could vindicate the scraping model entirely.
Watch whether the New York Times files a response that directly challenges the DOJ's standing to override Copyright Office guidance, and whether any other federal agency files a conflicting amicus brief within the next 60 days. That would signal the internal contradiction is litigable, not just political.
Coverage we drew on
- Google needs Hollywood more than the studios need AI · The Verge - AI
This analysis is generated by Modelwire’s editorial layer from our archive and the summary above. It is not a substitute for the original reporting. How we write it.
MentionsUS Department of Justice · The New York Times · US Copyright Office · Trump administration
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This synthesis and analysis was prepared by the Modelwire editorial team. We use advanced language models to read, ground, and connect the day’s most significant AI developments, providing original strategic context that helps practitioners and leaders stay ahead of the frontier.
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