Encyclopedia Britannica sues OpenAI over alleged copyright infringement of 100,000 articles

Reviewed byNidhi Govil

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Encyclopedia Britannica and Merriam-Webster filed a lawsuit against OpenAI, alleging the AI giant scraped nearly 100,000 articles without permission to train its models. The publishers claim ChatGPT reproduces copyrighted content verbatim, diverts web traffic, and falsely attributes AI-generated hallucinations to their brands, threatening their digital business model.

Encyclopedia Britannica Takes Legal Action Against OpenAI

Encyclopedia Britannica and its subsidiary Merriam-Webster have filed a lawsuit against OpenAI in Manhattan federal court, alleging "massive copyright infringement" in how the AI company trains and operates its models

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. The complaint, filed on March 13, 2026, in the US District Court for the Southern District of New York, accuses OpenAI of scraping nearly 100,000 of Britannica's online articles to train its Large Language Models (LLMs) without permission

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Source: The Verge

Source: The Verge

Multiple Allegations of Copyright Infringement

The lawsuit targets OpenAI on several fronts regarding how it uses copyrighted material for LLM training. Britannica alleges that OpenAI violated copyright laws not only when scraping and using its articles as training data, but also when ChatGPT generates outputs that contain "full or partial verbatim reproductions" of its copyrighted content

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. The complaint includes examples of responses from OpenAI's models placed side by side with Britannica's text, where entire passages appear to match word for word

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. Additionally, the publishers accuse OpenAI of violating copyright laws when the AI lab uses its articles in ChatGPT's Retrieval Augmented Generation (RAG) workflow, which scans the web or other databases for newly updated information when responding to queries

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Source: TechCrunch

Source: TechCrunch

Trademark Infringement and AI-Generated Hallucinations

Beyond copyright infringement, Britannica alleges that OpenAI violates the Lanham Act, a trademark statute, when it generates AI-generated hallucinations and falsely attributes them to the publisher

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. By presenting inaccurate or fabricated responses alongside Britannica's and Merriam-Webster's famous trademarks and brand identities, the complaint argues that OpenAI misleads users into believing that Britannica has endorsed or is the source of those responses

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. This association with AI-fabricated information threatens Britannica's reputation, built over more than 250 years on accuracy and trustworthiness

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Business Impact: Diverting Web Traffic and Revenue

The lawsuit emphasizes the commercial harm caused by ChatGPT's ability to reproduce Britannica's content. "ChatGPT starves web publishers like [Britannica] of revenue by generating responses to users' queries that substitute, and directly compete with, the content from publishers like [Britannica]," the lawsuit reads

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. Britannica claims that OpenAI has been "cannibalizing" its web traffic by generating responses that substitute or directly compete with Britannica's content, rather than directing users to its website the way a traditional search engine would

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. This matters particularly for Britannica's digital business model, which relies on subscriptions and advertising revenue dependent on web traffic

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Growing Wave of Legal Challenges Against AI Companies

Britannica joins numerous other publishers and writers pursuing legal action against OpenAI over intellectual property issues

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. The New York Times, Ziff Davis (owner of Mashable, CNET, IGN, PC Mag, and others), and more than a dozen newspapers across the US and Canada, including the Chicago Tribune, the Denver Post, the Sun-Sentinel, the Toronto Star, and the Canadian Broadcasting Corporation have sued OpenAI

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. This is not Britannica's first such caseβ€”in September 2025, the same plaintiffs filed an essentially parallel complaint against Perplexity, the AI-powered answer engine, which is still proceeding

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Uncertain Legal Precedent and OpenAI's Defense

There is not yet strong legal precedent establishing whether using copyrighted content to train an LLM constitutes copyright infringement

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. AI companies have argued that their systems make fair use of copyrighted content by transforming it into something new

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. In one instance, Anthropic successfully convinced federal judge William Alsup that using content as training data is transformative enough to be legal, though Alsup ruled that Anthropic violated the law by illegally downloading millions of books rather than paying for them, which resulted in a $1.5 billion class action settlement for impacted writers

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. When reached for comment, an OpenAI spokesperson told Engadget that "ChatGPT helps enhance human creativity, advance scientific discovery and medical research, and enable hundreds of millions of people to improve their daily lives. Our models empower innovation, and are trained on publicly available data and grounded in fair use"

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. Britannica is requesting an unspecified amount of monetary damages and a court order blocking the alleged infringement

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Source: The Next Web

Source: The Next Web

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