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USA Today Co v OpenAI Foundation

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Case Information
Case name USA Today Co., Inc. v. OpenAI Foundation
Court U.S. District Court, Southern District of New York
Docket 1:26-cv-08892
Filed October 8, 2026
Judge(s) Not identified in the reviewed complaint
Plaintiffs USA Today Co., Inc. and thirteen affiliated entities
Defendants OpenAI Foundation and six affiliated entities (listed in article)
Case type Copyright and copyright-management-information action
Claims / issues Direct and vicarious infringement; removal of copyright-management information
Status Complaint filed October 8, 2026; initiating pleading reviewed

USA Today Co., Inc. v. OpenAI Foundation is a copyright action filed in the Southern District of New York on October 8, 2026. USA Today Co. and thirteen affiliated entities allege that seven OpenAI entities copied newspaper content for language-model training and reproduced or repackaged it in outputs. The publishers seek more than $250 million in damages and injunctive relief.[1]

Parties and alleged conduct

The complaint identifies fourteen plaintiffs holding copyrights in content from nineteen publications, including USA TODAY, The Tennessean, Detroit Free Press and The Arizona Republic. The defendants are OpenAI Foundation, OpenAI GP, LLC, OAI International, Inc., OpenAI OpCo, LLC, OpenAI Global, LLC, OAI Corporation and OpenAI Group PBC.[2]

The publishers allege unauthorized acquisition of their journalism for training, memorization of protected content and reproduction or repackaging through ChatGPT outputs, including retrieval-augmented generation. They contend that these outputs substitute for visits and subscriptions to their publications. They also allege that author, title and other copyright-management information was removed.[3]

Claims and requested relief

The complaint pleads direct copyright infringement, vicarious copyright infringement and removal of copyright-management information under 17 U.S.C. § 1202. Its requested remedies include damages, disgorgement, a permanent injunction, destruction of models and training sets incorporating the publishers' content under 17 U.S.C. § 503(b), and attorneys' fees. The plaintiffs demand a jury trial.[1]

Procedural history and status

  • October 8, 2026: The publishers filed the complaint as ECF 1 in No. 1:26-cv-08892. The source reviewed for this article is the initiating complaint; the infringement and copyright-management-information assertions are the plaintiffs' allegations.[1]

References

  1. ↑ 1.0 1.1 1.2 U.S. District Court for the Southern District of New York, complaint, ECF 1, October 8, 2026, pp. 1–5, 74–79.
  2. ↑ Complaint, pp. 1–2, 7–13.
  3. ↑ Complaint, pp. 3–5, 13–74.
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