OpenAI Sued Over Using YouTube Videos Without Creators’ Consent

OpenAI Inc. is allegedly transcribing millions of YouTube videos without the consent of their creators to train its generative AI software products, according to a new federal lawsuit.

The proposed class action brought by David Millette on behalf of other YouTube users and video creators says they have retained ownership rights to their uploaded videos and didn’t allow OpenAI, maker of ChatGPT and GPT-4o, to use them.

The complaint comes in the wake of several suits against OpenAI from authors, recording artists, and Hollywood actors who have claimed that the company’s self-learning AI products have used their words and voices without their permission, resulting in alleged copyright infringement and other violations of intellectual property rights.

Unbeknownst to those who upload videos to YouTube, OpenAI has been “covertly” transcribing them to create training datasets that it then uses to train its AI products, according to the Aug. 2 complaint filed in the US District Court in the Northern District of California.

“By transcribing and using these videos in this way, Defendants profit from Plaintiff’s and class members’ data time and time again,” the complaint says.

OpenAI’s alleged wrongdoing stems from how its products—large language models, or “LLMs"—are built, the suit says. LLMs, “types of AI software designed to parse and emit natural language,” are trained by copying massive amounts of text from different sources into the model.

By using the plaintiffs’ videos to refine their language models, “OpenAI made their products more valuable to prospective and current users, who purchase subscriptions to access them,” the complaint says. “Plaintiff and Class members received nothing from this transaction.”

OpenAI’s retention of the “non-gratuitous benefits” conferred by the plaintiff and prospective class members is “unjust and inequitable,” requiring defendants to pay them restitution, the suit alleges.

The proposed class action asserts a claim for unjust enrichment or restitution, and a statutory claim for unfair competition under California law.

In addition to class certification, the complaint seeks damages, equitable monetary relief, injunctive relief, reasonable attorneys’ fees, and costs.

OpenAI did not immediately respond to a request for comment.

Bursor & Fisher represents Millette and the proposed class.

The case is Millette v. OpenAI Inc., N.D. Cal., No. 24-04710, complaint 8/2/24