The American Federation of Musicians, SAG-AFTRA and the Writers Guilds of America East and West have filed an amicus brief in the consolidated OpenAI copyright litigation, arguing against a blanket fair-use exemption for AI training. Announced October 29, the intervention represents unions whose combined membership spans more than 250,000 entertainment and media workers. They contend that unauthorized use of creative work harms livelihoods and weakens emerging licensing markets.
An amicus brief allows organizations outside the main dispute to present arguments to the court. It does not make the unions plaintiffs or establish that their position has been accepted. Their involvement brings musicians’ and performers’ interests into litigation whose implications extend across creative industries.
The distinction they are pressing concerns how copyright defenses should be assessed. Fair use involves consideration of the purpose of the copying, the nature of the work, the amount used and potential market effects. The Copyright Office describes that analysis as dependent on the circumstances of each case. The unions are asking the court to reject a categorical exemption; the filing itself does not determine whether any particular training use is lawful.


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