Association of American Publishers argues that OpenAI's training copies are not transformative

Association of American PublishersPublishing trade association, filing jointly with CCC, IBPA and STM

AAP and its fellow amici argue that OpenAI's copying for AI training is not transformative and harms copyright markets.

“OpenAI's Copying for AI Training Is Not a Transformative Use.”

Original text

Read the original text (opens in a new tab)AAP, CCC, IBPA and STM amicus brief in OpenAI copyright litigation · Association of American PublishersNo. 25-md-3143, Document 2304-1, arguments I and II

Original text

Read the original text (opens in a new tab)Publishing groups' motion for leave to file an amicus brief in the OpenAI copyright litigation · Association of American PublishersNo. 25-md-3143, Document 2304 (notice of motion)

Where this statement fits

OpenAI says pretraining on authors' books is fair use; authors and publishers urge the court to reject it

OpenAI's September 4, 2026 summary-judgment motion argues that pretraining its models on authors' books was a transformative fair use that caused no legally cognizable market harm. The same day, the Authors Guild and the other class plaintiffs moved for partial summary judgment, asking the court to rule that OpenAI's training copies, its downloads of books from pirate sites and the transfers of books between OpenAI and Microsoft were not fair use. The authors argue that OpenAI copied their books to build models that generate competing works and deprived them of revenue from an existing market for training licenses. OpenAI argues that training extracts unprotectable statistical patterns for new uses and that the plaintiffs' dilution and licensing theories of harm are not legally cognizable. On October 29, the Association of American Publishers and three other publishing and licensing groups asked the court for leave to file a brief supporting the plaintiffs.

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Source and context

Original text

AAP, CCC, IBPA and STM amicus brief in OpenAI copyright litigation (opens in a new tab) · Association of American PublishersNo. 25-md-3143, Document 2304-1, arguments I and II

About this source

The amici argue that unlicensed training is not transformative and harms markets for works and AI licenses.

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Original text

Publishing groups' motion for leave to file an amicus brief in the OpenAI copyright litigation (opens in a new tab) · Association of American PublishersNo. 25-md-3143, Document 2304 (notice of motion)

About this source

The four groups ask Judge Stein for leave to file their brief supporting the class plaintiffs' and news plaintiffs' summary-judgment motions.

Archived copy (opens in a new tab)

Before the quotation

AAP, CCC, IBPA and STM ask the court for leave to file this brief supporting the class plaintiffs' and news plaintiffs' summary-judgment motions. This sentence is an argument heading in the brief.

After the quotation

Their brief argues that training produces substitutes and damages markets for works and AI licenses.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

Why this label?

Relative to the unlicensed training at issue, the brief rejects the request for a fair-use exemption and argues the copying is nontransformative and harmful.

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Association of American Publishers argues that OpenAI's training copies are not transformative
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The Dispute Index. "Association of American Publishers argues that OpenAI's training copies are not transformative". First published: 2026-10-30. Last updated: 2026-10-30. https://disputeindex.com/events/7276-aap-and-its-fellow-amici-argue-that-openai