Author checklist: Protect your work before the next AI copyright case
What happens the next time there's a big copyright suit? Here's how authors can be ready.
Authors and small publishers should not assume they will automatically be found or paid when an AI company is accused of copying books. Good records can determine whether a claim succeeds.
Register the copyright
Copyright exists when an original work is created, but registration with the U.S. Copyright Office provides important legal advantages.
Timely registration can make it easier to file an infringement lawsuit and may allow the copyright owner to seek statutory damages and attorney fees rather than having to prove the exact amount of financial harm.
James R. Hood
Keep proof of ownership
Save copies of:
- Copyright registration certificates
- Publishing contracts and amendments
- Rights-reversion letters
- ISBN records
- Royalty statements
- Publication dates and edition information
- Agreements with co-authors, illustrators or translators
These documents can help establish who owns the rights and who is entitled to receive a settlement payment.
Review older publishing contracts
Many publishing agreements signed before the AI boom do not specifically address artificial intelligence.
Authors should look for clauses involving:
- Electronic rights
- Database rights
- Digital reproduction
- Machine-readable formats
- Licensing and sublicensing
- Future technologies
- Rights not expressly granted
A contract may give the publisher broad digital rights, or the author may have retained rights that were never specifically transferred.
Track every edition and format
Keep a complete list of hardcover, paperback, e-book, audiobook, revised and foreign-language editions.
Class-action settlements and licensing programs may identify works by title, author, ISBN or edition. A missing ISBN or alternate title can make a book harder to locate.
Monitor settlement notices
Authors should pay attention to notices from:
- The Authors Guild and other writers’ organizations
- Publishers and literary agents
- Copyright attorneys
- Court-approved settlement administrators
- Professional associations and trade publications
Claim deadlines are strict. Missing one can eliminate the right to receive payment.
Be cautious with unsolicited claims services
A legitimate settlement administrator will not require an author to pay an upfront fee to submit a basic claim.
Writers should verify any notice through the official settlement website or court docket before providing Social Security numbers, banking information or copies of contracts.
Ask who controls AI licensing rights
Authors negotiating new contracts should consider adding language that clearly states:
- Whether the publisher may license the work for AI training
- Whether the author must approve such a license
- How payments will be divided
- Whether the license is exclusive or nonexclusive
- Whether the author can opt out
- Whether the publisher must disclose the AI company and intended use
Consider registering important backlist titles
Authors with older books may want to review whether those works were ever registered, particularly if rights have reverted from the publisher.
Registration does not guarantee compensation, but it can strengthen the author’s position if the work is later copied or used without authorization.
The bottom line
AI copyright disputes may involve hundreds of thousands of books, but compensation is ultimately determined title by title and claimant by claimant.
Authors and small publishers with organized records, clear contracts and timely registrations will be in a much stronger position when the next settlement arrives.
