bbieron@platformeconomyinsights.com

Still More AI Copyright Suits — Encyclopedia Britannica Sues OpenAI

Apr 4, 2026

Report from TechCrunch

In Brief – Encyclopedia Britannica, which owns Merriam-Webster and retains the copyright on over 100,000 online articles, has sued OpenAI for widespread copyright infringement. The publisher claims that OpenAI unlawfully scraped and used its content to train large language models, and that the AI developer violates copyright law when its AI systems generate responses containing verbatim or closely paraphrased excerpts of Britannica content. The complaint, which frames AI-generated answers as direct market substitutes for Britannica’s offerings that divert traffic and revenue away from the publisher, argues that OpenAI’s use of retrieval-augmented generation (RAG), which incorporates Britannica material into real-time responses, further violates copyright law. Finally, Britannica alleges violations of federal trademark law, asserting that ChatGPT sometimes produces made up “hallucinated” information and falsely attributes it to the publisher, potentially damaging its reputation.

Context – The application of copyright law to AI training is a foundational legal and regulatory issue facing the industry. While the issue is being debated globally, lawsuits filed in US courts by a wide variety of IP rights holders soon after the Generative AI chatbots and image creators emerged are likely to be most impactful, with the key question being the application of the “fair use” doctrine to training under US copyright law. Two conflicting court opinions released last summer illustrate the complexities. As existing cases plod forward, new suits keep coming, including BMG filing one against Anthropic. At the same time, AI chatbots and internet search are functionally merging, and so publisher copyright complaints are also targeting how AI chatbots scrape websites to make their answers more timely. That’s not model training. While the largest AI developers continue to reject arguments that they must pay for content used in basic training, the largest, including GoogleMeta, and OpenAI are making deals with select publishers to include content in chatbot answers. Google’s dominance of traditional internet search brings related competition law challenges as they merge AI answers into their search results.

View By Monthly
Latest Blog
AI Hallucination Stories Grab Bag

Context - Within weeks of Chat-GPT’s public release, the fact that chatbots make plausible and realistic sounding stuff up emerged. The AI scientists knew about the phenomenon, which they called “hallucinations”. It appears to be baked into the technology. LLMs don’t...

Meta Challenges UK Online Safety Act Fees and Fines Regime

Report from The Guardian In Brief – Meta is challenging the methodology Ofcom, the UK’s communications regulator, uses to determine the regulatory fee and fines structure under the UK’s Online Safety Act (OSA). The fees that Ofcom charges regulated firms to fund the...

New York AG Opposes Surveillance Pricing and Electronic Shelf Labels

Report from WRVO In Brief – New York Attorney General Letitia James (D) is calling for state legislation to ban the use of personal data to influence prices, as well as a measure to prohibit grocery stores and pharmacies in the state from adopting digital shelf price...

Google Offers to Change Anti-Spam Policies to Appease EU Regulators

Report from Bloomberg In Brief – Google has reportedly made a proposal to European Commission digital regulators to change their search engine's anti-spam policy to downrank news publisher websites that engage in a practice dubbed “parasite SEO”. The move comes in...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required