Cate Blanchett-Backed Group and Hollywood Stars File Brief in New York Times-OpenAI Lawsuit

The Human Consent Foundation, a nonprofit backed by Cate Blanchett and co-founded by CEO Nikki Hexum, has joined major entertainment organizations to file an amicus brief in The New York Times' ongoing lawsuit against OpenAI and Microsoft. The 31-page filing, submitted late Friday in the Southern District of New York, challenges the tech companies' arguments regarding content licensing and copyright.

Hollywood Coalition Challenges AI Licensing Claims

• Filing Details: Submitted in the Southern District of New York with support from groups including CAA, the Music Artists Coalition, and the National Association of Voice Actors.
• Core Argument: The brief contends that the creative industries possess established infrastructure and workflows to clear rights for dispersed works at scale and cost-effectively, countering claims that AI training data cannot be reasonably licensed.
• Celebrity Supporters: An appendix features statements from numerous prominent figures, including Anne Hathaway, Emma Thompson, Robert De Niro, Scarlett Johansson, Helen Mirren, and Madonna.

Statements and Industry Stance

Nikki Hexum stated that the filing aims to demonstrate how the creative industry functions and to highlight existing solutions for digital licensing. In her statement included in the brief, Cate Blanchett emphasized that consent remains foundational to artistic collaboration.

OpenAI pointed to a blog post featuring briefs supporting its position that its scraping activities fall under the "fair use" doctrine, which permits the use of copyrighted material without permission in certain contexts. Microsoft did not immediately respond to requests for comment.

The amicus brief follows a separate filing by labor unions including SAG-AFTRA, the Writers Guild of America, and the American Federation of Musicians, which warned that a broad fair use application could undermine collective bargaining agreements. The original copyright lawsuit was filed by The New York Times against OpenAI and Microsoft in December 2023.