Historical context: This article concerns the August 2023 reports of a possible New York Times lawsuit. Its original publication date and historical headline are retained; legal scenarios below are not court findings.
The New York Times (NYT) was reported in August 2023 to be contemplating a lawsuit against OpenAI, the company behind the popular AI tool, ChatGPT. The report came after the newspaper updated its terms of service (TOS) to prevent AI companies from using its content to train their models.
NPR discussed possible consequences if infringement were proved, including court-ordered destruction of infringing material. This was a legal scenario, not an order already issued or an automatic requirement to erase all ChatGPT training data. Under 17 U.S.C. §504(c), statutory damages can reach $150,000 per infringed work when willfulness is established, subject to the law’s conditions and the court’s discretion; this is not an automatic fine per article or output. The reported concerns were allegations, not adjudicated liability.
The lawsuit, if pursued, could become “the most high-profile” legal battle over copyright protection since the launch of ChatGPT. This news follows a similar legal challenge by comedian Sarah Silverman and other authors who are seeking to protect their works from being used by OpenAI without permission.
The August 2023 report described updated Times terms as banning the utilization of its content for the creation of any software program, specifically mentioning the training of machine learning or artificial intelligence systems. That terms change formed part of the background to reported licensing negotiations; it did not itself decide the copyright dispute. NPR reported disagreement in those negotiations; this article records that historical reporting rather than their current status.
A major concern for the Times is that AI tools like ChatGPT could potentially become competitors by creating text that answers questions based on the original reporting and writing of the newspaper’s staff.
Fair use was a potential defense discussed in the reporting, not an established entitlement to use all web content. U.S. fair-use analysis considers multiple statutory factors; market effects are one factor, not the sole test. The outcome would depend on the uses and evidence before the court, rather than this article’s assessment.
This case underlines the growing tension between news organizations and AI companies over the use of copyrighted material. On July 13, 2023, the Associated Press announced that it had become one of the first news organizations to sign a licensing deal with OpenAI. However, many news organizations are voicing concerns about their material being used by AI companies without permission or payment.
This historical report captures the debate before a lawsuit was filed. It is not a current case-status report or a finding that OpenAI infringed copyright.
Sources: NPR’s August 16, 2023 report · Statutory remedies · Fair-use factors · AP’s July 2023 announcement
Historical editorial cover: this existing GPTOnline-designed illustration pairs the original lawsuit-consideration headline with a phone/OpenAI-themed image. It is not a photograph of a court event or evidence that the allegations were proved.
