Authors expecting to benefit from Anthropic’s recent $1.5 billion copyright settlement have reported receiving unexpected communications regarding competing claims on their payouts.
Anthropic reached a settlement on a copyright class action lawsuit last year after a judge declared that while training AI models using copyrighted content falls under fair use, pirating such content does not. The settlement, which gained final approval in July, allows for the distribution of payments to the affected authors.
As part of the settlement’s agreement, authors of approximately 500,000 works are to receive $3,000 for each pirated title. If a book remains in print through a traditional publisher, the payments are split evenly between the author and the publisher. In instances where the work is self-published or the rights have reverted due to the book going out of print, the author is entitled to the entire amount.
However, many authors have taken to social media to express frustration over publishers asserting claims on payments that seem disproportionate. For instance, author April Henry complained about HarperCollins attempting to claim her book despite rights reverting back over 17 years ago, coinciding with a separate notification indicating the publisher was added as her employer, which was inaccurate.
On the blog Writers Beware, commentator Victoria Strauss noted a surge in author grievances that typically fall into two categories: publishers claiming payment for works lacking legitimate rights, and instances where they seek 100% of the payout when entitled to only half.
While Strauss avoided attributing these actions to malice, suggesting they could stem from poor record-keeping, she acknowledged that some publishers are already admitting to mistakes and are working with Anthropic to rectify the situation.
Additionally, Authors Guild CEO Mary Rasenberger commented to The New York Times that she does not perceive this situation as an attempt by publishers to exploit authors, emphasizing instead that it reflects issues related to inadequate record management and the complexities inherent in the settlement process.
Strauss further indicated that the complaints she’s received represent only a fraction of larger issues. She suggested the number of recurrent errors signals something more widespread than typical administrative glitches.
The contention does not solely involve publishers; Strauss also reported that several literary agencies are laying claim to payouts, a surprising move given that agents are generally not considered rights holders.
Author Courtney Milan, pen name of Heidi Bond, voiced her concerns candidly on Bluesky, urging agents to refrain from attempting to claim portions of the settlement. She, along with the Authors Guild, provided additional information on how authors can contest payment allocations. One particularly complex factor involves the timing of rights reversion, as an author must ensure their rights reverted before August 10, 2022, to qualify for a full claim.
Editor’s Take
The rising disputes over the Anthropic settlement illustrate key issues in the publishing industry, including record-keeping challenges and the dynamics of rights management. This situation not only impacts authors financially but also raises questions about the integrity of publisher-author relationships. As errors and claims proliferate, it could prompt a reevaluation of how rights and royalties are managed in an increasingly digitized and AI-driven landscape.
Source: techcrunch.com
