WME backs The New York Times copyright case against OpenAI and Microsoft

WME’s brief supports the news plaintiffs’ opposition to the defendants’ summary-judgment motions on fair use.[2] WME says it is not seeking to stop AI companies from using creative materials, but wants that use to be licensed.[2]

WME argues that a robust market already exists for licensing copyrighted work for AI use, and that unauthorized use harms that market.[2] The agency says creators should be able to decide whether, and on what terms, their protected work is used to develop or train AI systems.[2] It also argues that unauthorized access can help AI companies produce substitute or derivative works and performances, and that lost licensing fees constitute market harm.[2] WME says paying for creative work would not stop AI, comparing it with payment practices in radio and streaming.[2]

WME’s filing followed briefs from CAA, the Human Consent Fund, SAG-AFTRA and the WGA.[1] Separate filings came from the Recording Industry Association of America, the National Music Publishers’ Association, ASCAP and BMI, as well as SAG-AFTRA, the American Federation of Musicians and the Writers Guild of America East and West.[3] A coalition of organizations represents creative talent across music, film, television, performing arts and creative writing.[3] The filings show that the dispute has drawn groups from multiple parts of the creative industries.

The case could have far-reaching implications for how Hollywood manages its intellectual property in the AI era.[1] Axios describes it as a proxy fight over the future of the broader creative economy beyond journalism.[3] A brief filed by the Human Consent Foundation voiced support for The Times from Anne Hathaway, Bette Midler and Madonna.[3] WME also says it represents AI startups such as Toonstar, an AI-powered animation studio whose business is built on authorized content.[2] The filings present competing questions about authorization, compensation and fair use; the evidence here does not establish how the court will resolve them.