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USA TODAY Co. asks a federal court to make OpenAI pay for training on 19 publications

USA TODAY Co. sued OpenAI for more than $250 million and an injunction over training ChatGPT on work from 19 publications. The case tests whether a publisher can force payment and limits on the training data that teams building on OpenAI's models depend on.

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What happened

  • The complaint alleges OpenAI copied hundreds of thousands of articles and other materials to train ChatGPT without permission.
  • The publishers also argue ChatGPT can reproduce or summarize their articles in ways that substitute for readers visiting the original outlets.
  • Among the titles named are USA TODAY, the Detroit Free Press, The Tennessean, The Indianapolis Star, The Arizona Republic, The Milwaukee Journal Sentinel and The Columbus Dispatch.
  • USA Today Co. v. OpenAI Foundation is pending in the Southern District of New York as docket No. 1:26-cv-08892.

Why it matters

  • Who's exposed exposure Features built on OpenAI's models that summarize or restate news are the closest fit for the substitution theory, because it targets what ChatGPT outputs as well as what it was trained on.
  • Who has to decide decision Vendor reviews now have a concrete question to put to model providers: which news content came in under a license and which depends on the fair-use defense.
  • What it costs cost If fair use fails here, news archives become a cost OpenAI pays first, and API customers would see that cost only if it shows up in pricing.
  • What it sets up precedent The result will tell other publishers whether suing or signing a license is the more reliable way to get paid for their archives.

Next story · Security · Sep 17

Nadella testified that chatbots have "substituted" for publisher sites

Confirmed3 publishers

The complaint asks for two remedies, and they reach different places [4]. Damages would move money from OpenAI to the publishers. The second remedy is an order blocking the alleged infringement [4]. Reporting on the complaint does not say whether that order would cover a model already trained or only future copying [4].

Divided across the 19 named publications, the demand comes to more than $13 million a title [18]. Treat that figure like someone else's benchmark table. The first page of a complaint is written by the side asking to be paid, and the $250 million is the plaintiffs' demand, not a court finding or an award [8].

OpenAI's public position has three parts. In a January 2024 statement it said it viewed training on publicly available internet material as fair use [16]. The same statement described publisher opt-outs and licensing partnerships as parts of how it works with news organizations [17]. The licensing part has a large example. OpenAI's 2024 deal with News Corp covers both current and archived material from News Corp titles, among them the New York Post and The Wall Street Journal [12].

That deal shows a licensed route for news archives exists and that OpenAI uses it [12]. It does not establish whether the material in this case was covered by any permission. It also does not settle whether training without a license is lawful [13].

The case joins dozens Reuters has described against OpenAI, Anthropic and Meta [9]. In September, Reuters reported arguments by authors and news outlets in a separate Manhattan case that statements by OpenAI and Microsoft executives could undermine the companies' copyright defenses [10]. This filing puts local papers next to a national title [5]. The 19 titles come from a company that says it owns more than 200 local media organizations [15].

For this dispute to become a supply problem for teams building on these models, a court would first have to reject fair use for this material. An injunction would then have to reach trained models or their outputs. The record so far is at the first step. The complaint was filed on October 8th [1], the court has not ruled on its claims [11], and Reuters reported that OpenAI did not immediately comment [7].

What to watch

  • OpenAI's first formal response in docket No. 1:26-cv-08892, and whether it rests on fair use for this specific material.
  • Any motion for preliminary relief, and how the court defines an order's reach over a model that has already been trained.
  • Rulings in the separate Manhattan case where executives' statements are argued to undermine OpenAI's and Microsoft's copyright defenses.

Clarity's read

What the record supports and how the coverage leans. The claims behind it follow.

Reality

Evidence68
Adoption
Not scored
Hype gap+5
Incentives62
Confidence66

Perspective Coverage

5 publishers
Builder
Builder 28%
Operator
Operator 38%
Investor
Investor 34%
Why these scores

Claim ledger

Ranked by verification strength, evidence, and original report placement.

  1. [1]

    USA TODAY Co. and several newspapers it owns sued OpenAI in Manhattan federal court on October 8th.

    Reported Supported Source: runtimewire.com, citing ReutersView cited source
  2. [2]

    The suit is filed as USA Today Co. v. OpenAI Foundation and is pending in the U.S. District Court for the Southern District of New York, docket No. 1:26-cv-08892.

    Reported SupportedView cited source
  3. [3]

    The complaint alleges OpenAI copied hundreds of thousands of articles and other materials to train ChatGPT without permission.

    Reported Supported Source: Allegation in the complaint, as reported by runtimewire.comView cited source
  4. [4]

    The complaint seeks damages of more than $250 million and a court order blocking the alleged infringement.

    Reported Supported Source: runtimewire.com, citing ReutersView cited source
  5. [5]

    The suit names work from 19 publications, including USA TODAY, The Tennessean, the Detroit Free Press, The Arizona Republic, The Indianapolis Star, The Columbus Dispatch and The Milwaukee Journal Sentinel.

    Reported Supported Source: According to the complaint and reporting on its contentsView cited source
  6. [6]

    The plaintiffs argue that ChatGPT can reproduce or summarize articles in ways that substitute for readers visiting the original publications.

    Reported Supported Source: Plaintiffs' argument in the complaintView cited source
  7. [7]

    Reuters reported that OpenAI did not immediately comment on the filing.

    Reported Supported Source: Reuters, via runtimewire.comView cited source
  8. [8]

    The more than $250 million figure is the plaintiffs' demand, not a court finding or an award.

    Reported SupportedView cited source
  9. [9]

    Reuters has described dozens of copyright cases against OpenAI, Anthropic and Meta.

    Reported Supported Source: Reuters, via runtimewire.comView cited source
  10. [10]

    Reuters reported in September on arguments by authors and news outlets that statements by OpenAI and Microsoft executives could undermine the companies' copyright defenses in a separate Manhattan case.

    Reported Supported Source: Reuters, via runtimewire.comView cited source
  11. [11]

    The claims are in a newly filed complaint and the court has not ruled on them.

    Reported SupportedView cited source
  12. [12]

    OpenAI made a 2024 licensing deal with News Corp covering current and archived content from publications such as The Wall Street Journal and the New York Post.

    Reported SupportedView cited source
  13. [13]

    OpenAI's licensing agreements do not establish whether the material alleged in this case was covered by permission, or whether training without a license is lawful.

    Reported Supported Source: runtimewire.com analysisView cited source
  14. [14]

    Licensing deals offer publishers a negotiated alternative, while litigation seeks payment and limits through the courts.

    Reported Supported Source: runtimewire.com analysisView cited source
  15. [15]

    USA TODAY Co. says it owns more than 200 local media organizations.

    Reported Supported Source: USA TODAY Co., as reported by runtimewire.comView cited source
  16. [16]

    OpenAI has argued that training models on publicly available internet material is fair use; in a January 2024 statement it said it viewed training as fair use.

    Reported SupportedView cited source
  17. [17]

    In its January 2024 statement, OpenAI described publisher opt-outs and licensing partnerships as parts of its approach to working with news organizations.

    Reported SupportedView cited source
  18. [18]

    The damages demand works out to more than $13 million per named publication.

    Derived Supported

Sources

5 independent publishers whose own reporting we read for this story.

  1. cryptobriefing.com

    2 articles · October 8, 2026

    USA Today Co. sues OpenAI for more than $250M over AI training data
  2. mezha.net

    1 article · October 8, 2026

    USA Today Co та газети подали до суду на OpenAI через авторські права
  3. news.bloomberglaw.com

    1 article · October 8, 2026

    USA Today, News Outlets Join OpenAI Copyright Infringement Fight
  4. runtimewire.com

    1 article · October 8, 2026

    USA TODAY Co. sues OpenAI over training on 19 publications
  5. theverge.com

    1 article · October 8, 2026

    USA Today becomes the latest publisher to sue OpenAI

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