The New York Times has sued OpenAI and Microsoft, alleging the tech companies violated the newspaper’s copyrights by training ChatGPT on millions of Times articles. The decision in this case could have enormous implications for journalism and AI tools like large language models, and the lawsuit could go to the Supreme Court. While OpenAI says such training is “fair use,” the Times says the companies “seek to free-ride” on its journalism. How will the case be decided, and how will the outcome affect the next decade-plus of journalism and AI development? Fundamentally, should companies like OpenAI be allowed to train on copyrighted material without compensating creators?

Joining us to discuss all of this today are Matthew Sag and Zach Graves. Sag is a Professor of Law in Artificial Intelligence, Machine Learning and Data Science at Emory University Law School. He is an expert in copyright law and intellectual property, and a leading authority on the fair use doctrine in copyright law and its implications for AI. Graves is the Executive Director at the Foundation for American Innovation. He was recently invited to participate in the Senate’s AI Insight Forum.