The Consumer Technology Association and fellow amici call on the court to reaffirm legal precedent on fair use as the guardian of innovation and progress

ARLINGTON, Va. — Oct. 30, 2026 — Today, the Consumer Technology Association (CTA)®, joined by American Council of the Blind, American Library Association, Association of Research Libraries and Business Software Alliance, filed an amicus brief in The New York Times Co. v. Microsoft Corp., a copyright case now consolidated in In re OpenAI, Inc. Copyright Infringement Litigation before the U.S. District Court for the Southern District of New York. The plaintiffs are seeking an interpretation of copyright law that could severely limit the sources of information available to artificial intelligence systems. This brief in support of the defendants urges the court to maintain public access to knowledge and history through AI learning, as a fair use principle enshrined in statute and case law.

AI’s benefits to society rely on models’ ability to learn from the enormous amount of information available. Fair use allows AI developers to use copyrighted materials to train models without permission and licensing from each individual copyright holder. Requiring AI get permission or licensing for every work used in training would be like requiring library researchers to negotiate fees for every item they access, making it impossibly difficult and expensive to create globally competitive AI models. Fair use is the legal safety valve allowing such access and ensuring American startups, universities and independent researchers can create and innovate in every field of human endeavor.

“Every great innovation builds on what came before,” said Kinsey Fabrizio, president and CEO, CTA. “Fair use supports new breakthroughs in areas like accessibility, health and mobility. Our legal framework should encourage these breakthroughs and make it easier for Americans to build the next generation of life-changing technology.”

The amici are calling on the court to uphold the role of fair use in preserving access to data and writings and reserve any consideration of copyright infringement for the actual output and product use of any AI system. The brief cautions that undermining existing fair use principles around access to writings risks the transformative AI innovation that drives discovery, encourages growth and establishes America as a global technology leader.

“From the VCR to copy machines and the internet to modern-day search engines, fair use supported creation of beloved consumer technology products Americans use every day. Every time copyright holders have challenged these breakthroughs, the courts reaffirmed these legal principles and chose to protect technology that expands creative opportunity. It's time to do the same for AI, ensuring that America remains a global innovation leader and Americans can get information, answer questions and solve problems in seconds.” — Gary Shapiro, executive chair, CTA

"AI is opening up new possibilities for people who are blind or have low vision, providing unprecedented access to information that helps us better understand, navigate, and interact with the world around us. From describing our surroundings and identifying objects, to making written materials and photographs more accessible, AI is becoming an increasingly valuable tool for independence and inclusion. The more information AI models can access and learn from, the more useful and effective these tools can become. We must support the continued development of AI in ways that expand access to information and empower people who are blind or have low vision to live more independently and participate more fully in society.” — Claire Stanley, director of advocacy and government affairs, American Council of the Blind

“Learning from and building upon preexisting knowledge produced by others is as fundamental to librarianship as the paper that books are printed on. No one needs permission to read and learn from a book in a library, or any other materials they have legally accessed, no matter who they are. Fair use protects the public’s right to learn from and expand on the work of others, and fair use principles cannot be discarded or limited without profound consequences for research and knowledge production.” — Lisa R. Varga, chief advocacy officer, American Library Association

"The Association of Research Libraries' interest is in preserving the fair use doctrine to support current and future AI applications for research and education. Libraries spend over $1 billion annually on subscriptions for published scholarly literature that researchers in science, medicine, and the humanities use to train AI models and conduct text-and-data mining research. Narrowing fair use would limit how researchers can use this material; leaving fair use intact gives libraries and researchers the flexibility to freely pursue important research questions without seeking permission for every computational use." — Andrew K. Pace, executive director, Association of Research Libraries

"The implications of this case extend far beyond any one company, affecting the future of AI development and adoption across the economy. Copyright law must protect creators while preserving the fair use framework Congress established to advance science, knowledge, and innovation. We must preserve that balance to ensure businesses, governments, and organizations can continue developing and adopting AI tools that deliver benefits across the economy." — Aaron Cooper, senior vice president of global policy, Business Software Alliance

Read the full brief here. Learn more about CTA’s AI advocacy, research and standards at CTA.tech.

About the Consumer Technology Association (CTA)®:

As North America’s largest technology trade association, CTA is the tech sector. Our members are the world’s leading innovators — from startups to global brands — helping support more than 17 million American jobs. CTA owns and produces CES® — the most powerful tech event in the world. Find us at CTA.tech. Follow us @CTAtech.