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OpenAI is looking forward to the upcoming AI Action Plan of the Trump Administration to help resolve ongoing copiesright disputes. The plan, which is due to be released in July, could potentially classify AI as fair use and grant AI companies unrestricted data access. OpenAI argues such a move will help the US maintain its competitive edge against China in the AI race.
US Courts are currently debating whether AI training qualifies for fair use. Rights holders argue that AI models could pose a threat to the market by replacing them and diluting their creative output. OpenAI and other AI companies have been involved in several lawsuits. They claim that AI transforms the copyrighted work, rather than being a direct replacement. A landmark ruling in favor of rights holders has already been made. A judge determined that AI training is not fair use and cited its direct threat to Thomson Reuters’ legal research firm Westlaw.
This debate is also taking place internationally, with countries Openai is a new initiative to balance copyright protections and the growing demand for AI education. OpenAI
asserts that its models don’t replicate copyrighted work for public consumption, but rather extract patterns and insights in order to generate new and unique content. The company claims that this approach is in line with the fundamental principles of fair use and copyright doctrine.
“OpenAI’s models are trained to not replicate works for consumption by the public. Instead, they learn from the works and extract patterns, linguistic structures, and contextual insights,” OpenAI explains. “This means our AI model training aligns with the core objectives of copyright and the fair use doctrine, using existing works to create something wholly new and different without eroding the commercial value of those existing works.”
During a public comment period, OpenAI urged the US to shift its copyright strategy to promote the AI industry’s “freedom to learn,” warning that restricting American companies from accessing copyrighted data – while Chinese firms face no such limitations – could cost the US its AI leadership.
“The federal government can both secure Americans’ freedom to learn from AI and avoid forfeiting our AI lead to the PRC by preserving American AI models’ ability to learn from copyrighted material,” OpenAI stated.
The company also called for legal protections for AI firms, citing the strain caused by a patchwork of state regulations. As of 2025, legislative tracker MultiState has There are eighty-three AI-related laws. OpenAI warned that a strict regulatory approach similar to the European Union could stifle innovations, impose high compliance costs, and weaken national security and economic competitiveness.
It proposed a federal statute that preempts state regulation, offering a voluntary partnership between public and private AI companies in exchange for liability protection.
OpenAI urged the US further to lead global discussions about copyright and AI in order to prevent less innovative nations from imposing restrictive legal regimes on American companies. This includes assessing the availability of data and ensuring US firms retain access to crucial training inputs. OpenAI warned that the US’s lead in AI was shrinking due to China’s rapid AI advances, such as the DeepSeek open-source model.
The company also stressed that the national security depends on having unfettered access AI training data. They called for a balance that fosters innovation and protects intellectual property rights. As the US Copyright Office The stakes for AI firms and copyright holders are high as prepares to release additional guidance on AI training in their upcoming report.
