In one of the more prominent AI training lawsuits, Bartz v. Anthropic, Judge Alsup ruled in June that Anthropic must pay damages to authors and publishers whose books were pirated to train AI models. He also ruled that the case can move forward as a class action, which would make it the largest copyright class action ever certified.
That decision is now being appealed by Anthropic, as it would face billions of dollars in potential damages with millions of potential claimants. Amicus briefs have been filed in support of Anthropic’s appeal by the Authors Alliance, Electronic Frontier Foundation, the Association of Research Libraries, the American Library Association, Public Knowledge, and others. These organizations prioritize education, learning, the public domain, an open internet, and access to knowledge. I don’t consider them anti-author, but they rarely take the same positions as the Authors Guild or commercial publishers on matters relating to copyright.
The appeal focuses on these key concerns:
- Catastrophic financial risk. Anthropic and AI-industry groups argue that class certification could potentially force a settlement that could cripple both the company and the broader AI sector.
- Procedural and fairness objections. Supporters of the appeal believe the court failed to rigorously examine the proposed class’s makeup, ownership complexities, and notification challenges, arguing that copyright claims are often unsuitable for class actions.
- Potential chilling effect on AI innovation. Advocates warn that allowing such large-scale copyright class actions could embolden similar lawsuits, discourage investment, and slow AI development in the US, while leaving major legal questions about AI training unresolved.
The plaintiffs must deliver a list of works to be included in the case by September 1, which is no easy task to pull off when Anthropic’s training library included 7 million titles. Because of the complexities involved, additional law firms, supported by the Association of American Publishers, will help the plaintiffs. Publishers Marketplace reports (sub required) that AAP CEO Maria Pallante notified members, “We believe the additional counsel is a very positive development that will help to ensure that the class interests are optimally represented without conflict. Specifically, Publishers’ Coordination Counsel will provide the publishers’ perspective and assist with trial preparation and strategy, as well as the trial, assembling the class list, class notice, and settlement discussions.”
Jane Friedman has spent her entire career working in the publishing industry, with a focus on business reporting and author education. Established in 2015, her newsletter The Bottom Line provides nuanced market intelligence to thousands of authors and industry professionals; in 2023, she was named Publishing Commentator of the Year by Digital Book World.
Jane’s expertise regularly features in major media outlets such as The New York Times, The Atlantic, NPR, The Today Show, Wired, The Guardian, Fox News, and BBC. Her book, The Business of Being a Writer, Second Edition (The University of Chicago Press), is used as a classroom text by many writing and publishing degree programs. She reaches thousands through speaking engagements and workshops at diverse venues worldwide, including NYU’s Advanced Publishing Institute, Frankfurt Book Fair, and numerous MFA programs.
