OpenAI has stated that developing AI tools like ChatGPT would be “impossible” without access to copyrighted material.  Several AI firms are currently facing lawsuits, including one from The New York Times (NYT) accusing OpenAI and Microsoft of “unlawful use” of its content in creating AI products.

OpenAI defended its practices, emphasizing the necessity of using copyrighted materials for training large language models. The organization argued that limiting data to out-of-copyright works would hinder AI systems’ ability to meet contemporary society’s needs.

OpenAI and other AI companies often rely on the legal doctrine of “fair use” to justify using copyrighted content without permission. The NYT lawsuit is one of several legal challenges, and cloud giants like Amazon, Microsoft, and Google are warned to leave business customers exposed to copyright risks. Despite limited protection, legal experts believe winning copyright claims against AI companies might be challenging. Businesses are advised to carefully review terms of service and indemnity clauses before using AI tools.