A new debate is unfolding in Washington as tech giants OpenAI and Google lobby the U.S. government for expanded access to copyrighted material for their artificial intelligence models. This week, both companies released detailed proposals outlining their positions, with OpenAI asserting that granting fair use protections to AI is critical for “national security.”
OpenAI’s argument centers on maintaining America’s leadership in the rapidly evolving AI landscape. In their submitted comments, they contend that restricting access to copyrighted content would risk “forfeiting” the United States’ technological edge to China. Furthermore, the company specifically highlighted the growing prominence of DeepSeek, a Chinese AI developer offering rivaling AI capabilities for much cheaper.
OpenAI wrote in its proposal:
There’s little doubt that the PRC’s [People’s Republic of China] 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.
Echoing OpenAI’s stance, Google has also voiced its support for relaxed copyright restrictions. Their submitted response emphasizes that existing copyright, privacy, and patent policies have the potential to hinder access to the essential data required for training advanced AI models. Google further argues that fair use doctrines, coupled with text and data mining exemptions, have played a pivotal role in enabling the training of AI models on publicly accessible data.
These submissions are a direct response to a White House initiative, prompted by President Donald Trump’s “AI Action Plan,” which solicited input from various sectors, including government agencies, industry groups, and private organizations. The core objective of this initiative is to solidify America’s dominance in the AI field while simultaneously ensuring that innovation is not stifled by excessive regulatory constraints.