The maker of ChatGPT, OpenAI, has called for fundamental changes to US copyright law that would allow AI companies to use copyrighted works without permission or compensation to rightsholders.
That’s according to a fresh policy submission to the White House Office of Science and Technology Policy (OSTP).
The document does not make happy reading for copyright holders, which explains why music stars like Sir Paul McCartney, Paul Simon, and Bette Midler have joined hundreds of Hollywood celebrities in signing a letter pushing back against the proposals.
The submission, filed by OpenAI on March 13 (read it in full here), is part of the tech company’s response to the Trump administration’s request for information on developing a national AI Action Plan.
Both OpenAI and Google submitted detailed policy frameworks that could significantly impact music rightsholders and other content creators.
These submissions represent high-stakes policy positioning as the Trump administration develops its AI Action Plan, which could fundamentally shape how creative works are protected — or not protected — in the rapidly evolving AI ecosystem.
OpenAI Calls for Unrestricted AI Training Access
In its March 13 submission, OpenAI heavily focuses on the concept of “fair use” – i.e. platforms being able to use copyright in certain circumstances without punishment.
The firm explicitly argues that applying the ‘fair use’ doctrine to AI in the United States is “not only a matter of American competitiveness — it’s a matter of national security”, while warning that without it having free access to copyrighted materials, “the race for AI is effectively over”.
In OpenAI’s eyes, China will win that race if the US doesn’t loosen its copyright laws.
“If [China’s] developers have unfettered access to data and American companies are left without fair use access, the race for AI is effectively over. America loses, as does the success of democratic AI.”
OpenAI submission
The relevant quote from the OpenAI submission reads: “Applying the fair use doctrine to AI is not only a matter of American competitiveness — it’s a matter of national security. The rapid advances seen with the PRC [People’s Republic Of China]’s DeepSeek, among other recent developments, show that America’s lead on frontier AI is far from guaranteed.”
OpenAI adds: “Given concerted state support for critical industries and infrastructure projects, there’s little doubt that the PRC’s AI developers will enjoy unfettered access to data — including copyrighted data — that will improve their models.
“If the PRC’s developers have unfettered access to data and American companies are left without fair use access, the race for AI is effectively over. America loses, as does the success of democratic AI.”
OpenAI’s submission further states: “American copyright law, including the longstanding fair use doctrine, protects the transformative uses of existing works, ensuring that innovators have a balanced and predictable framework for experimentation and entrepreneurship.”
Did OpenAI just give a gift to music’s lobbyists?
Passages in OpenAI’s submission could be interpreted as acknowledging that current US copyright law restricts the company’s desired activities, though the language is somewhat ambiguous.
One notable section is where OpenAI states: “If the PRC’s developers have unfettered access to data and American companies are left without fair use access, the race for AI is effectively over.”
The wording of the phrase “if American companies are left without fair use access” implies that AI companies in the US might need specific new ‘fair use’ protections drafted to continue using copyrighted materials.
In turn, that could be interpreted as recognition that without such clear protections – i.e. under today’s laws – their activities might be legally questionable.
Google Aligns with OpenAI on Copyright Stance
Google’s submission (read it in full here) echoes similar sentiments, though with slightly less alarmist language.
The search giant argues that “balanced copyright rules, such as fair use and text-and-data mining exceptions, have been critical to enabling AI systems to learn from prior knowledge and publicly available data, unlocking scientific and social advances.”
“We support America’s existing fair use framework, and we’re confident that current copyright law enables AI innovation.”
Google spokesperson
The company adds that these exceptions “allow for the use of copyrighted, publicly available material for AI training without significantly impacting rightsholders and avoid often highly unpredictable, imbalanced, and lengthy negotiations with data holders during model development or scientific experimentation.”
It warns that copyright laws could, under certain interpretations, “impede appropriate access to data necessary for training leading models”.
Subsequent to the submission being filed, a Google spokesperson said in a statement, “We support America’s existing fair use framework, and we’re confident that current copyright law enables AI innovation.”
The McCartney response
Stars from the world of film, TV, and music have signed a letter in response to the OpenAI and Google proposals, including Cate Blanchett, Cynthia Erivo, Paul McCartney, Paul Simon, Ron Howard, Taika Waititi, Chris Rock, Ben Stiller, Mark Ruffalo, Guillermo del Toro, and Ava Duvernay.
In their letter to the US government this week, the copyright-makers state, “We firmly believe that America’s global AI leadership must not come at the expense of our essential creative industries.”
They add that the US arts and entertainment industry provides more than 2.3 million jobs and “provides the foundation for American democratic influence and soft power abroad.”
The letter continues: “[AI] companies are asking to undermine this economic and cultural strength by weakening copyright protections for the films, television series, artworks, writing, music, and voices used to train AI models at the core of multi-billion dollar corporate valuations.”
You can read the letter – signed by 400 famous creators – in full below:
Hello Friends & Strangers. As you may be aware there has recently been a recommendation by OpenAI & Google to the current US Administration that is gaining alarming traction to remove all legal protections & existing guardrails surrounding copyright law protections for the training of Artificial Intelligence.
This rewriting of established law in favor of so-called “Fair Use” was in need of an initial response by 11:59 PM ET Saturday, so we have submitted an initial letter with the signatories we had at that time. We are now continuing to accept signatures for an amendment to our initial statement. Please feel free to forward this to anyone you think may be invested in the ethical maintenance of their intellectual property. You can add your name and whatever guilds or unions or description of self you feel appropriate, but please do not edit the letter itself. Thank you so much for kicking this out wide on a Saturday Night!
Hollywood’s Response to the Administration’s Artificial Intelligence Action Plan and necessity that copyright law be upheld.
We, the members of America’s entertainment industry — representing an intersection of cinematographers, directors, producers, actors, writers, studios, production companies, musicians, composers, costume, sound & production designers, editors, gaffers, union and Academy Members, and other industrious, creative content professionals – submit this unified statement in response to the Administration’s request for input on the AI Action Plan.
We firmly believe that America’s global AI leadership must not come at the expense of our essential creative industries. America’s arts and entertainment industry supports over 2.3M American jobs with over $229Bn in wages annually, while providing the foundation for American democratic influence and soft power abroad. But AI companies are asking to undermine this economic and cultural strength by weakening copyright protections for the films, television series, artworks, writing, music, and voices used to train AI models at the core of multi-billion dollar corporate valuations.
Make no mistake: this issue goes well beyond the entertainment industry, as the right to train AI on all copyright-protected content impacts all of America’s knowledge industries. When tech and AI companies demand unfettered access to all data and information, they’re not just threatening movies, books, and music, but the work of all writers, publishers, photographers, scientists, architects, engineers, designers, doctors, software developers and all other professionals who work with computers and generate intellectual property. These professions are the core of how we discover, learn, and share knowledge as a society and as a nation. This issue is not just about AI leadership or about economics and individual rights, but about America’s continued leadership in creating and owning valuable intellectual property in every field.
It is clear that Google (valued at $2Tn) and OpenAI (valued at over $157Bn) are arguing for a special government exemption so they can freely exploit America’s creative and knowledge industries, despite their substantial revenues and available funds. There is no reason to weaken or eliminate the copyright protections that have helped America flourish. Not when AI companies can use our copyrighted material by simply doing what the law requires: negotiating appropriate licenses with copyright holders — just as every other industry does. Access to America’s creative catalog of films, writing, video content, and music is not a matter of national security. They do not require a government-mandated exemption from existing U.S. copyright law.
America didn’t become a global cultural powerhouse by accident. Our success stems directly from our fundamental respect for IP and copyright that rewards creative risk-taking by talented and hardworking Americans from every state and territory. For nearly 250 years, U.S. copyright law has balanced creator’s rights with the needs of the public, creating the world’s most vibrant creative economy. We recommend that the American AI Action Plan uphold existing copyright frameworks to maintain the strength of America’s creative and knowledge industries, as well as American cultural influence abroad.
Music ComeOn
