The Human Consent Foundation, CAA, the Music Artists Coalition, the National Association of Voice Actors, Writer, Inc, and the Creative Coalition on AI submitted a 31-page amicus brief in the Southern District of New York.

This legal document supports the ongoing lawsuit brought by the New York Times against OpenAI and Microsoft. The brief disputes the assertion by the technology firms that they were unable to reasonably clear rights for content mischaracterisations despite an active licensing market.

According to the brief, the defendants have claimed that the cost of licensing creative works for AI training is prohibitive and that no settled method exists for valuing training data.

Nikki Hexum said, "We are not starting from scratch. There is already a functioning market and infrastructure for licensing creative work. We just need to ensure that new AI technology respects those boundaries and choices, including the choice not to participate." Hexum added that the objective is to ensure human creators who generate value in the growing AI data licensing market remain protected and possess a meaningful choice.

The brief further argues that the tech companies' claim of fair use would render moot the terms agreed to by the industry and unions at the bargaining table. The Human Consent Foundation is a nonprofit organisation backed by Cate Blanchett.