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Issue No. 072 · Story 01 · November 2, 2026

Copyright

Cate Blanchett Asks Court to Consider OpenAI Licensing Brief

On October 30, Cate Blanchett, Steven Soderbergh and Nick Hexum joined six organizations seeking permission to file a proposed friend-of-the-court brief in copyright owners' case against OpenAI and Microsoft. The proposed brief argues that licensing for AI training is workable and already happening. As of November 2, no court has decided the merits or granted permission to file the brief.

  • §According to the proposed brief, OpenAI and Microsoft argue that clearing rights for AI training is cost-prohibitive and technically unfeasible.
  • §The proposed brief argues that collective licensing is established and machine-readable consent tools are in use.
  • §The fourth fair use factor asks whether a use harms a copyrighted work's market.

THE TAKEAWAY

Evidence that rights can be cleared speaks to market harm under fair use. It does not establish whether copying occurred.

Filing: ESCA Filings

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