OpenAI contends that AI training on copyrighted works should be considered fair use, warning that restrictive copyright policies could result in the United States losing its AI leadership position to China.

The company eagerly awaits the Trump administration's "US AI Action Plan," scheduled for July release, which could potentially declare AI training as fair use. This declaration would give AI companies broader access to training data, which OpenAI argues is essential for maintaining U.S. technological supremacy.

In contrast, the UK is advancing legislation that would permit AI companies to train on copyrighted works with an opt-out mechanism for rights holders, though this approach has faced significant criticism from creators and copyright holders.

The ongoing legal landscape in the U.S. remains complex. A significant ruling has already determined that AI training is not fair use in the Thomson Reuters/Westlaw case. However, OpenAI maintains that their training methods align with fair use doctrine, as their models:

• Learn patterns and structures rather than replicating content
• Create new and different works
• Don't diminish the commercial value of original works

OpenAI argues that China will continue accessing copyrighted data regardless of restrictions, while offering minimal protections to original creators. They advocate for a shift in U.S. copyright strategy to prioritize AI development through unrestricted learning access, positioning it as crucial for maintaining technological competitiveness.

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