OpenAI case draws 51 amicus briefs, 26 back authors
Judge Stein now has 51 outside filings to read before oral arguments, with 26 supporting the plaintiffs, 18 backing OpenAI, and 8 neutral, Publishing Perspectives reported.
Cross-motions for summary judgment were filed last month, with plaintiffs arguing OpenAI committed copyright infringement by copying works, including from pirated sources, to train its models, and OpenAI countering that its training use qualifies as fair use. Publishing Perspectives reported the US Department of Justice filed a "Statement of Interest" on September 4 urging the court to find AI training fair use, and that in October, judge Stein struck a study suggesting AI books were displacing human-written works after OpenAI argued the author had an undisclosed funding conflict, which the author denies.
Publishing Perspectives reported a final round of briefs is due November 6, after which oral arguments will be scheduled. Briefs cited by the outlet include filings from the Association of American Publishers, CCC, IBPA and STM Publishers, the Copyright Alliance, a group of authors, photographers, playwrights and literary translators, and filmmaker Ken Burns.
Fifty-one outside parties took the trouble to tell a federal judge what they think of this case, and more than half of them sided with the authors. That's not a verdict. But it's a lot of lawyers, publishers, and creators — including Ken Burns — spending real money to say OpenAI's fair-use argument doesn't hold up. Watch what happens after November 6, because that's when the briefs stop and the arguments that decide this thing actually start.
From the Coral Wire edition of Wed, Nov 4 2026 · Coral Index 66/100 (Tailwinds building)
Coverage — 6 outlets
Every outlet found reporting this story.
- Copyright Infringement Lawsuit Against OpenAI Draws More than 50 (Very Illuminating) Amicus BriefsPublishing Perspectives
- Majority of ‘In Re: OpenAI, Inc. Copyright Infringement Litigation’ Amicus Briefs Support Plaintiff Copyright Ownerscopyrightalliance.org
- Irving Azoff’s Music Artists Coalition joins Cate Blanchett and CAA on AI licensing brief in New York Times’ case against OpenAI - Music Business Worldwidemusicbusinessworldwide.com
- OpenAI quotes 20 briefs, US government included, against New York Timesppc.land
- Congressional Leaders Correct DOJ; WME Explains AI LicensingPublishers Marketplace
- Book and Journal Publishers File Amicus Brief in In Re: OpenAI Copyright Infringement Litigationibpa-online.org