US Policymakers Weigh AI Fair Use as Companies Push National Security Claim

Artificial intelligence (AI) giants OpenAI and Google are lobbying the US government to classify AI training on copyrighted data as “fair use,” sparking concerns about the limits of fair use and national security. The proposal has raised profound legal, ethical, and economic questions, with recent high-profile cases involving companies like Meta and French publishers.

In response to a White House Office of Science and Technology Policy request for public comments, OpenAI and Google submitted policy proposals arguing that restrictive copyright laws could weaken America’s technological edge and slow down innovation. They claim that broad fair use protections are essential for national security, economic prosperity, and democratic ideals.

However, critics argue that the current proposal undermines creators’ rights and fails to address the core function of generative models. AI companies extract patterns from training data, not create novel content, which raises questions about fair use and compensation.

Recent lawsuits against AI firms, including Meta and French publishers, highlight the need for a balanced approach that preserves innovation while protecting creators’ rights. Policymakers must develop clear federal standards specifying fair use parameters for AI training, considering solutions like licensing, curated datasets, regulated exceptions, and transparent compensation arrangements.

Ultimately, the lobbying by OpenAI and Google reveals broader tensions between rapid technological growth and ethical accountability. A balanced approach is critical to ensure future global competitiveness, societal fairness, and sustainable AI development that prioritizes creators’ rights and responsible innovation.

Source: https://www.forbes.com/sites/virginieberger/2025/03/15/the-ai-copyright-battle-why-openai-and-google-are-pushing-for-fair-use