Legal Issues
A Writer’s Guide to Fair Use and Permissions + Sample Permissions Letter
If you need to request permissions from an author or publisher, here are general guidelines, plus a sample letter you can customize.
Why Your Non-Disclosure Agreement Is Probably a Bad Idea
Asking an editor or agent to sign a non-disclosure agreement is not part of traditional publishing business practice.
Are You Worried Your Ideas or Work Will Be Stolen?
I recently received the following question from working writer Shannon Traphagen: I have been fervently working on my novel (I
Wiley agrees to 50-50 split with Dummies authors in Anthropic settlement
I’m glad to hear they did the right thing, albeit under pressure, I’m sure.
OpenAI seeks to exclude book market study, citing funding ties to authors’ law firm
The accuracy and funding of research claiming Gen AI causes market harm have become important questions in the consolidated lawsuits.
The Authors Guild suggests publishers relinquish their Anthropic claims in instances where rights have likely (or should have) reverted
The Guild says lack of clarity over rights reversion is the most common problem for claims due to lack of publisher records.
OpenAI’s piracy looks to be worse than Anthropic’s piracy
OpenAI, like Anthropic, created an internal library of books from the pirate website LibGen and even shared those works with outsiders.
Anthropic settlement increases time to handle disputes
Given the number of errors occurring in Anthropic claims, rights holders now have 60 days instead of 30 to submit information to support their claim.
Disagreements in the Anthropic Settlement Were Inevitable, But It Feels Worse Than Expected
I divide disagreements into three categories: basic disagreements, surprise agent claims, and even messier disagreements. Reasons for these disagreements vary, but metadata problems and communication from the settlement administrators have led to some of the confusion.
US government supports AI firms in lawsuit brought by publishers and authors
The government’s argument: AI development should not be restrained, whether training is fair use or not, in order to further US interests.
Authors Guild publishes survey results about copyright registration failures
Due to ineligibility in the Anthropic settlement, some authors discovered publishers had failed to register their work for copyright.
Excluded lawyers in Anthropic case want their fees
Appeals have been filed by firms that were never appointed as class counsel but who nonetheless worked the case on behalf of authors and publishers.
Author not only loses copyright lawsuit but has to pay defendants’ legal fees
The judge says Freeman’s case was brought in bad faith and awarding attorney fees might help deter other suits with “unreasonable claims.”
Publishers file lawsuit against Google for AI training
Google used access to digital copies of books via Google Books, the Google Play bookstore, and Google Scholar to train its Gemini model.
Memoirist Sarah Wynn-Williams files lawsuit against Meta
Meta argued that former employee violated a non-disparagement contract she signed after getting fired from Facebook in 2017.
Audiobook narrators, voice actors and podcasters sue tech companies
The tech companies are accused of scraping the voices of actors from the internet and using them to train AI without the notice or consent.
Did your publisher fail to register copyright for your work?
The Authors Guild wants to hear from authors excluded from the Bartz v Anthropic settlement due to a publisher's failure to register for copyright.
Federal court orders reinstatement of National Endowment for Humanities grants
Given that the administration has ignored other judicial orders, it’s unclear whether the government will pay out the money owed under the grants.
High claim rate in Anthropic lawsuit: 91 percent
That breaks down to 119,876 claims that account for 440,490 of the 482,460 works on the official list.
Defendants in the Crave copyright case demand that their collective $3.4 million in legal fees be covered
US copyright law allows for the prevailing party to recover legal fees, although it’s discretionary and not automatic.
Copyright law professor files blistering objection in Anthropic case
The objection argues that the settlement, while fair in amount, would funnel most of the money away from authors and toward publishers.
Authors and publishers will receive more money per title in Anthropic case
Attorneys’ fees have dropped from $300 million (20% of the award) to $187.5 million (12.5% of the award), leaving more for authors.
What Authors Don’t Know about the Anthropic Settlement (But Should)
Dave Hansen, the executive director of the Authors Alliance and an expert on issues of copyright and fair use, offers clarity on the case.
Judge finds that Tracy Wolff did not plagiarize Crave series
To reach this conclusion, the judge read six drafts of the plaintiff’s work and the four Crave novels, and found no more than common tropes.
