WME joins New York Times lawsuit to demand AI licensing fees

A new legal ally for creators

WME, the prominent Hollywood talent agency, has officially entered the legal fray between OpenAI and the New York Times. The agency filed an amicus brief on October 30 to support the lawsuit, which accuses OpenAI of using journalism to build competing products without permission. This move places a major industry player on the side of traditional content owners.

The agency's position is nuanced, as it does not seek to stop the use of AI in the creative arts. Instead, WME argues that the use of creative materials for training AI should be governed by formal licensing agreements. They want to ensure that the technology respects the rights of the people who produce the underlying content.

This filing follows a wave of similar actions from other major creative organizations. Just one day prior, groups including the Writers Guild of America and SAG-AFTRA filed a joint brief slamming OpenAI for using the work of middle- and working-class people. WME is now joining these voices to demand a structured economic model for AI data.

The push for licensing and pay

WME's legal team argues that compensating artists for their copyrighted material is an economic reality rather than just a theory. They believe the current market is already moving toward a system where AI developers must shop for licenses to access film and television libraries. The agency wants to preserve a framework where creators can decide the specific terms of their work's use.

The brief highlights that the industry is already seeing these types of deals happen in real-time. Between mid-2023 and mid-2024, rights holders and AI companies publicly announced more than two dozen licensing partnerships. These deals represent a shift toward a

A capitalist approach to AI

The agency's stance is rooted in a specific philosophy of American capitalism and Hollywood dealmaking. WME does not have a fundamental problem with the existence of artificial intelligence. Instead, the Ari Emanuel-chaired organization wants to ensure that the right kind of AI is developed for its clients and the broader community of creators.

By focusing on the "right kind" of technology, the agency seeks to move away from unregulated scraping. They want to establish a system where the technology serves the interests of the people who provide the raw material for it. This approach balances the growth of new tech with the protection of existing intellectual property.

Ethical standards and legal advocacy

WME has been consistent in its advocacy for ethical and responsible AI use. In a 2023 submission to the U.S. Copyright Office, the agency stated that any AI use affecting the rights of talents and creators must include proper authorization. This legal stance was reiterated in the recent filing by WME Group’s legal chief Courtney Braun and the outside firm Jayaram PLLC.

The agency wants to preserve a legal framework that gives creators the power to decide how their work is used. They argue that the current situation needs to be corrected so that creators are not bypassed. Their goal is to ensure that the development of AI systems does not come at the expense of the people who own the underlying protected works.

A growing list of high-profile allies

WME is the first major Hollywood agency to join this specific copyright battle, but it is not alone in the fight. The lawsuit is already populated with notable figures from the worlds of literature and entertainment. These include authors like John Grisham, Jonathan Franzen, and Jodi Picoult, as well as creators like Michael Connelly and Sarah Silverman.

The inclusion of these names highlights the scale of the opposition to OpenAI's current methods. By joining the New York Times and other outlets, WME is helping to build a coalition of diverse creators. This group is collectively pushing back against the idea that their life's work can be used to build substitutive products without any form of payment or permission.

Conflict with the Justice Department

The legal battle is further complicated by a significant disagreement with the federal government. In a filing from September, the Department of Justice asserted that the United States has a strong interest in the court rejecting arguments that training large language models on copyrighted texts violates copyright law. This position suggests a government-level push to allow the current training methods to continue without legal interference.

However, the agency that represented Donald Trump during his time on The Apprentice disagrees with this government stance. WME's brief argues that the current situation is not just a litigation theory but an economic reality. They are pushing back against the DOJ's position by insisting that the market is already moving toward a model of mandatory compensation for artists.