SAG-AFTRA, musicians' and writers' unions ask judge to reject blanket fair use for AI training

What happened

On 29 October 2026, SAG-AFTRA, the American Federation of Musicians and both branches of the Writers Guild of America filed a motion for leave to submit a joint friend-of-the-court brief in In re OpenAI, Inc., Copyright Infringement Litigation (No. 25-md-3143, S.D.N.Y., Dkt. 2332), the consolidated case before Judge Sidney H. Stein. The 34-page proposed brief backs the newspaper and author plaintiffs and asks the court to reject any rule treating AI training as fair use across the board.

What the unions argue

The unions argue a categorical fair use ruling would void the notice-and-bargaining rights over AI training licences they negotiated in 2026 contracts, and that licensing markets for training data already exist. The brief cites a National Association of Voice Actors survey of 1,379 voice actors in which 21 percent said they had knowingly lost a job to a synthetic voice, and says actors report being booked for jobs only to learn AI had replaced them.

Status

The brief is proposed only: the court must grant the unions permission before it formally joins the record. The fair use questions are being fought in the parties' own papers, with summary judgment reply briefs due 6 November 2026.