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
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.
Anthropic settlement database may list distributors, not publishers, for included works
A heads up to author-publishers, small publishers, or even sizable publishers that may not realize they have unclaimed books in the database.
Anthropic possibly purchased 1 million print books for scanning and AI model training
In addition to pirating ebooks, they bought print books from wholesalers and used book retailers, including Ingram and Baker & Taylor.
Publishers sue Google for AI model training
Hachette Book Group and Cengage are joining a 2023 lawsuit against Google for using books to train its AI model known as Gemini.
Perplexity sued separately by New York Times and Chicago Tribune
The lawsuits accuse Perplexity of retrieving information in real time from paywalled sites without licensing.
One of the lawsuits to watch: OpenAI in the Second District
In one case, the judge has ordered OpenAI to provide in-house communications about deleting datasets they used to train ChatGPT.
Attention authors published by Amazon Publishing
This is a PSA for any Amazon Publishing authors whose books are in the Anthropic settlement list.
AI firm wins copyright lawsuit in the UK
Getty Image’s lawsuit against Stable AI, for scraping millions of images to train its software, has failed in a narrow ruling.
If you encounter ClaimsHero, I suggest you ignore them
The Arizona law firm has no connection to the Anthropic case, but is trying to skim off authors in the class who may be unhappy about the current settlement.
Authors Guild lawsuit against OpenAI moving forward
The suit, consolidated with several other cases from a range of authors, alleges that ChatGPT’s outputs constitute copyright infringement.
Get your questions answered about the Anthropic settlement on Oct. 16
The Authors Guild is holding a free webinar for all authors (you don’t have to be a member) on Thursday, October 16, at 6 p.m. ET.
It’s a big deal: judge gives prelim approval for Anthropic settlement
Beginning October 2, authors can check an online searchable list to see if their works are included in the Anthropic settlement.
Anthropic settlement: proposed default split is 50-50 between author and publisher
The proposed split is common in publishing contracts for sharing the proceeds in copyright infringement cases.
A horrible discovery brought on by the Anthropic suit: Publishers don’t always register for copyright (!)
Some authors are finding their publishers did not in fact register their books as they are contractually obligated to do.
Important: If you want to be part of the Anthropic class action
The plaintiffs’ attorneys are now collecting contact information from all authors and publishers who may be part of the class.
Florida’s book banning law found to be overbroad and unconstitutional
A federal judge said that the law’s prohibition on books describing sexual conduct was overbroad and violates the First Amendment.