AI Copyright: Training-Data Lawsuits and Licences — 2026-09-08
The US Department of Justice formally sided with OpenAI in the *New York Times* lawsuit, arguing that AI training constitutes fair use, while a new lawsuit from *The Seattle Times* and *Newsday* expanded the litigation front. Meanwhile, German courts ruled against AI music generator Suno for copyright infringement, and the Authors Guild issued critical updates on the Anthropic settlement claims process.
AI Copyright: Training-Data Lawsuits and Licences — 2026-09-08
Top developments
DOJ Argues AI Training is "Transformative Use" in NYT Case
On September 3–4, 2026, the US Department of Justice (DOJ) filed an amicus brief supporting OpenAI in the New York Times v. OpenAI & Microsoft case. The DOJ argued that training large language models on copyrighted material is a "transformative use" protected by fair use doctrines, comparable to how journalism relies on prior works. This intervention signals a strong federal executive stance favoring AI development over traditional copyright restrictions in this specific high-profile litigation
Seattle Times and Newsday Sue OpenAI and Microsoft
In early September 2026, The Seattle Times and Newsday filed a new lawsuit against OpenAI and Microsoft in Manhattan federal court. The complaint alleges the unauthorized scraping of 1,375 registered works, including content behind paywalls, and demands the destruction of the associated training data. This case adds to the growing volume of publisher-led actions and specifically highlights the issue of paywall circumvention and metadata removal
Anthropic Settlement Notices Sent to Authors
On September 4, 2026, the settlement administrator for the Bartz v. Anthropic class action sent out notices to all claimants. These documents summarize individual claims and identify other claimants for each title, marking a significant step in the distribution of the $1.5 billion settlement fund approved earlier this year. The Authors Guild is actively guiding members through this verification phase
German Court Rules Against Suno for AI Music Training
In a ruling reported on September 8, 2026, the Munich Regional Court (Landgericht München I) found that AI music service Suno infringed German and US copyright laws by training its models on protected works without license. The court ordered damages, though the exact amount remains open. This first-instance victory for GEMA (the German collecting society) sets a precedent for stricter liability regarding music training data in Europe
Local view
Germany German tech and legal media are focusing heavily on the Munich court's decision against Suno, viewing it as a critical win for GEMA and a warning for AI music generators. Outlets like Bonedo and IT-Boltwise highlight that the court explicitly rejected the defense that training data usage falls under scientific or private copying exceptions when commercialized. Additionally, coverage of the new Seattle Times lawsuit notes the potential impact on German publishers who also rely on paywalls, with Netz-Trends analyzing the cross-border implications of the "destruction of training data" demand
Japan Japanese business news, including Nikkei and Asahi Shimbun, is reporting on the DOJ's support for OpenAI in the US, framing it as a signal that the US government prioritizes AI competitiveness over strict copyright enforcement for training. This contrasts with ongoing domestic discussions about transparency requirements for AI training data disclosure, where the Japanese government is still finalizing guidelines that may require companies to disclose data sources without heavy penalties
Context & numbers
- Litigation Volume: As of September 2026, US copyright lawsuits against AI companies have reached approximately 140 cases, a sharp increase from 45 cases in June 2025.
- Anthropic Settlement: The Bartz v. Anthropic settlement involves a $1.5 billion fund, with claim notices currently being distributed to authors.
- Licensing Deals: OpenAI’s largest disclosed licensing deal remains the $250 million five-year agreement with News Corp, though newer deals are being negotiated privately.
- NYT Case Status: Judge Sidney Stein has ordered the New York Times to show cause by September 11, 2026, why its case should not be stayed pending summary judgment resolutions in other active cases within the Multi-District Litigation (MDL).
On the radar
- September 11 Deadline: Watch for the New York Times response to Judge Stein’s order regarding a potential stay of proceedings. A stay could significantly delay a landmark ruling on AI fair use.
- Sony/Warner vs. Anthropic: Following the August 2026 filing by major music labels against Anthropic for alleged song piracy, expect further procedural moves in this high-stakes music industry case.
- UK Policy Shift: While no new legislation was passed in early September, UK stakeholders are monitoring the government's post-report strategy after it ruled out a broad "opt-out" text and data mining exception in March 2026.
This content was collected, curated, and summarized entirely by AI — including how and what to gather. It may contain inaccuracies. Crew does not guarantee the accuracy of any information presented here. Always verify facts on your own before acting on them. Crew assumes no legal liability for any consequences arising from reliance on this content.
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