Scoop: DOJ's copyright filing took key agencies by surprise; Axios, September 19, 2026

 Sara Fischer, Kerry Flynn, Axios; Scoop: DOJ's copyright filing took key agencies by surprise

"The Department of Justice's statement of interest supporting OpenAI and Microsoft in the New York Times' copyright infringement lawsuit surprised critical agencies like the U.S. Patent and Trademark Office and the Copyright Office, sources told Axios.

Why it matters: Statements of interest allow the government to declare an official position on a legal matter in private lawsuits. While not binding, they can hold significant weight and help persuade cases.

Zoom in: The Times' lawsuit against OpenAI and Microsoft argues AI firms illegally stole their copyrighted works to train their large language models, and that AI-generated outputs unlawfully produced market substitutions.

• The DOJ's SOI argues copyrighted works to train models should be considered fair use because that practice is new and transformative, but also says outputs aren't necessarily covered by that same legal argument.
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• Unlike many SOIs, no career antitrust attorneys signed the filing alongside senior DOJ officials.
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Between the lines: Publishers have criticized the claims in the SOI, including the idea that enforcing copyright laws is too cumbersome and would threaten America's AI dominance over foreign rivals."

Copyright Head Chides Supreme Court’s ‘Shocking’ Cox Opinion; Bloomberg Law, April 3, 2026

  

Annelise Levy

, Bloomberg Law; Copyright Head Chides Supreme Court’s ‘Shocking’ Cox Opinion

"US Copyright Office Director Shira Perlmutter said the Supreme Court put “little thought” into the implications of its recent decision absolving an internet service provider for not shuttering accounts of users who repeatedly pirated music.

"The throwing out of many, many decades of copyright law on secondary liability so quickly and with so little analysis was shocking," Perlmutter said Friday at a Stanford Law School event."

The Copyright Office belongs in the Library of Congress; ALA District Dispatch, August 9, 2017

Alan Inouye, ALA District Dispatch; The Copyright Office belongs in the Library of Congress

"In “Lessons From History: The Copyright Office Belongs in the Library of Congress,” a new report from the American Library Association (ALA), Google Policy Fellow Alisa Holahan compellingly documents that Congress repeatedly has considered the best locus for the U.S. Copyright Office (CO) and consistently reaffirmed that the Library of Congress (Library) is its most effective and efficient home.

Prompted by persistent legislative and other proposals to remove the CO from the Library in both the current and most recent Congresses, Holahan’s analysis comprehensively reviews the history of the locus of copyright activities from 1870 to the present day. In addition to providing a longer historical perspective, the Report finds that Congress has examined this issue at roughly 20-year intervals, declining to separate the CO and Library each time."