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United States · US-043

USA Today Co., Inc. et al. v OpenAI Foundation et al.

ALLEGEDU.S. District Court for the Southern District of New York1:26-cv-08892Pending - complaint only
TrainingTraining Data AcquisitionOutputsReproductionCopyright Management InformationMarket Harm / SubstitutionRemedies

Key holding or allegation

Complaint allegations only. The complaint identifies more than 160,000 dataset entries linked to plaintiffs' domains, which is not itself a judicially verified count of distinct copied articles.

Why it matters

Latest major U.S. publisher action against OpenAI at the cutoff and potentially related to the existing S.D.N.Y. MDL cluster.

Facts

USA Today and affiliated publisher entities allege OpenAI copied their journalism for model training, produced substitutive or reproducing outputs and removed copyright-management information.

Issues before the court

Whether alleged training and outputs infringe, whether §1202 applies, whether fair use protects the uses and what remedies are available.

What the court did not decide

No liability, fair use, dataset provenance, output infringement, CMI violation, damages, destruction remedy or coordination ruling has issued.

Procedural timeline

2026-10-08

U.S. District Court for the Southern District of New York
Complaint filed: USA Today and affiliated publishers alleged unauthorized training, substitutive outputs and removal of copyright-management information.

ALLEGED