--- title: Justice Department sides with OpenAI in publishers’... description: The US Justice Department filed a statement of interest supporting OpenAI's fair use defense in consolidated publisher copyright lawsuits in New York, arguing... canonical: https://daily.dev/posts/justice-department-sides-with-openai-in-publishers-copyright-fight-job8n3b2w twitter:card: summary_large_image twitter:site: @dailydotdev og:type: website og:site_name: daily.dev og:title: Justice Department sides with OpenAI in publishers’ copyright fight | daily.dev og:description: The US Justice Department filed a statement of interest supporting OpenAI's fair use defense in consolidated publisher copyright lawsuits in New York, arguing... og:url: https://daily.dev/posts/justice-department-sides-with-openai-in-publishers-copyright-fight-job8n3b2w og:image: https://api.daily.dev/og/posts/joB8n3b2w.png og:image:alt: Justice Department sides with OpenAI in publishers’ copyright fight og:image:width: 1200 og:image:height: 630 og:locale: en --- > ## Documentation Index > Fetch the complete documentation index at: https://daily.dev/llms.txt > Use this file to discover all available pages before exploring further. # Justice Department sides with OpenAI in publishers’ copyright fight **[The Next Web](https://daily.dev/sources/tnw)** · 3 min read · 0 upvotes · 0 comments ## Summary The US Justice Department filed a statement of interest supporting OpenAI's fair use defense in consolidated publisher copyright lawsuits in New York, arguing that licensing requirements would threaten national security and hand an oligopoly to big tech. The New York Times, Ziff Davis, and hundreds of local newspapers are suing OpenAI over AI training on their content. The filing's reasoning has no equivalent in the EU, where copyright law lacks a fair use doctrine and instead relies on a text and data mining exception with an opt-out mechanism under Article 4(3) of the 2019 copyright directive. The EU AI Act's Article 53 and Recital 106 require any provider placing a model on the EU market to respect rightsholder opt-outs regardless of where training occurred, directly contradicting the DOJ's national security argument. A Munich court already ruled against OpenAI on similar grounds regarding GPT-4 and song lyrics, a decision under appeal that could reach the Court of Justice. ## Full article daily.dev links to this article rather than hosting it. Read it at the original source: ## Questions this post answers ### Does EU copyright law recognize a fair use exception like the US does for AI training? No, EU copyright law has no fair use doctrine, only a closed list of exceptions. Instead, the EU relies on a text and data mining exception under Article 4(3) of the 2019 copyright directive, which allows rightsholders to opt out and reserve their rights, after which the exception stops applying. _Teams weighing AI training strategy across US and EU markets can follow this legal divergence on daily.dev._ ### How does the EU AI Act's Recital 106 affect AI companies that train models outside the EU? Recital 106 of the EU AI Act states that any provider placing a general-purpose model on the Union market must comply with EU copyright obligations regardless of the jurisdiction where the copyright-relevant training acts took place. This means a US court ruling that training is fair use would not exempt a company from EU obligations if it sells the model into the European market. _Developers shipping models into multiple jurisdictions can track AI Act compliance nuances on daily.dev._ ### What did the Munich court rule about OpenAI and GPT-4 memorizing song lyrics? A Munich court ruled against OpenAI, finding that lyrics memorized in GPT-4 amounted to reproduction and that the EU's text and data mining exception did not cover that conduct. The ruling is under appeal and may reach the Court of Justice, and it directly contradicts the fair use argument the US Justice Department is now making in New York. _Legal and policy teams tracking AI copyright rulings across jurisdictions can follow developments on daily.dev._ ## Similar posts on daily.dev - [News outlets ask judge to sanction OpenAI in copyright case](https://daily.dev/posts/news-outlets-ask-judge-to-sanction-openai-in-copyright-case-gddcthoev) · The Next Web · 0 upvotes · 0 comments - [400 newspapers sue OpenAI and Microsoft over AI](https://daily.dev/posts/400-newspapers-sue-openai-and-microsoft-over-ai-ciee3rfpf) · The Next Web · 0 upvotes · 0 comments --- Tags: [#openai](https://daily.dev/tags/openai), [#ai-governance](https://daily.dev/tags/ai-governance), [#ai-regulation](https://daily.dev/tags/ai-regulation) [View this post on daily.dev](https://daily.dev/posts/justice-department-sides-with-openai-in-publishers-copyright-fight-job8n3b2w) ```json {"@context":"https://schema.org","@graph":[{"@type":"Organization","@id":"https://daily.dev/#organization","name":"daily.dev","url":"https://daily.dev","logo":{"@type":"ImageObject","url":"https://daily.dev/apple-touch-icon.png","width":180,"height":180},"sameAs":["https://twitter.com/dailydotdev","https://github.com/dailydotdev","https://www.linkedin.com/company/daily-dev-ltd"]},{"@type":"WebSite","@id":"https://daily.dev/#website","url":"https://daily.dev","name":"daily.dev","publisher":{"@id":"https://daily.dev/#organization"},"potentialAction":{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https://daily.dev/search?q={search_term_string}"},"query-input":"required name=search_term_string"}}]} {"@context":"https://schema.org","@type":"TechArticle","headline":"Justice Department sides with OpenAI in publishers’ copyright fight","url":"https://daily.dev/posts/justice-department-sides-with-openai-in-publishers-copyright-fight-job8n3b2w","mainEntityOfPage":{"@type":"WebPage","@id":"https://daily.dev/posts/justice-department-sides-with-openai-in-publishers-copyright-fight-job8n3b2w"},"datePublished":"2026-09-02T22:15:41.959Z","dateModified":"2026-09-03T12:37:45.828Z","description":"The US Justice Department filed a statement of interest supporting OpenAI's fair use defense in consolidated publisher copyright lawsuits in New York, arguing...","image":"https://media.daily.dev/image/upload/f_auto,q_auto/v1/posts/ce551c164e3c5d4fba13090e67aaa051?_a=AQAEuop","thumbnailUrl":"https://media.daily.dev/image/upload/f_auto,q_auto/v1/posts/ce551c164e3c5d4fba13090e67aaa051?_a=AQAEuop","isAccessibleForFree":true,"articleSection":"The Next Web","inLanguage":"en","publisher":{"@type":"Organization","name":"daily.dev","url":"https://daily.dev","logo":{"@type":"ImageObject","url":"https://daily.dev/apple-touch-icon.png","width":180,"height":180}},"author":{"@type":"Organization","name":"The Next Web","logo":"https://media.daily.dev/image/upload/t_logo,f_auto/v1/logos/tnw","url":"https://daily.dev/sources/tnw"},"commentCount":0,"discussionUrl":"https://daily.dev/posts/justice-department-sides-with-openai-in-publishers-copyright-fight-job8n3b2w","interactionStatistic":[{"@type":"InteractionCounter","interactionType":{"@type":"LikeAction"},"userInteractionCount":0},{"@type":"InteractionCounter","interactionType":{"@type":"CommentAction"},"userInteractionCount":0}],"keywords":"openai,ai-governance,ai-regulation","timeRequired":"PT3M"} {"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https://daily.dev"},{"@type":"ListItem","position":2,"name":"The Next Web","item":"https://daily.dev/sources/tnw"},{"@type":"ListItem","position":3,"name":"Justice Department sides with OpenAI in publishers’ copyright fight"}]} {"@context":"https://schema.org","@type":"FAQPage","@id":"https://daily.dev/posts/justice-department-sides-with-openai-in-publishers-copyright-fight-job8n3b2w#faq","mainEntity":[{"@type":"Question","name":"Does EU copyright law recognize a fair use exception like the US does for AI training?","acceptedAnswer":{"@type":"Answer","text":"No, EU copyright law has no fair use doctrine, only a closed list of exceptions. Instead, the EU relies on a text and data mining exception under Article 4(3) of the 2019 copyright directive, which allows rightsholders to opt out and reserve their rights, after which the exception stops applying. Teams weighing AI training strategy across US and EU markets can follow this legal divergence on daily.dev."}},{"@type":"Question","name":"How does the EU AI Act's Recital 106 affect AI companies that train models outside the EU?","acceptedAnswer":{"@type":"Answer","text":"Recital 106 of the EU AI Act states that any provider placing a general-purpose model on the Union market must comply with EU copyright obligations regardless of the jurisdiction where the copyright-relevant training acts took place. This means a US court ruling that training is fair use would not exempt a company from EU obligations if it sells the model into the European market. 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