Authors Guild statement asserts authors control AI licensing rights

The evolving landscape of artificial intelligence in publishing has prompted new discussions about authors’ rights and control over their intellectual property.

Key position statement: The Authors Guild has released a comprehensive statement reinforcing that authors, not publishers or tech companies, should maintain control over AI licensing of their work.

• The organization emphasizes that authors must have the choice whether to allow their works to be used by AI and determine the specific terms of use
• This position follows HarperCollins becoming the first major trade publisher to establish an AI deal with a tech company
• The Guild expressed approval of HarperCollins’ careful approach, particularly the opt-out provision for authors

Contract implications: Standard publishing agreements do not automatically cover AI training rights, marking a clear distinction between traditional publishing and AI utilization.

• AI training is neither considered a new book format nor a new market or distribution mechanism
• Publishers must negotiate AI rights separately from existing contracts
• Subsidiary rights in current contracts do not inherently include AI training permissions

Copyright considerations: The legal framework supports authors retaining control over AI rights unless explicitly granted otherwise.

• Rights not expressly granted in publishing agreements typically remain with the original copyright owner
• Publishers must obtain separate agreements for AI licensing, even if they have broad reproduction rights
• Authors maintain the right to decline AI deals and can pursue independent AI licensing arrangements

Revenue sharing guidelines: The Authors Guild has established clear positions on fair compensation structures for AI licensing.

• Authors should receive 75-85% of AI licensing revenue, depending on publisher involvement
• Publisher compensation should be proportional to their role in facilitating and implementing AI deals
• Academic presses offering only 25% to authors are viewed as unfairly shifting risk while retaining most benefits
• AI licensing revenue should flow directly to authors rather than being applied against advances

Legal action and enforcement: The Authors Guild is actively pursuing legal remedies for unauthorized AI use of copyrighted materials.

• The organization is currently involved in a lawsuit against OpenAI and Microsoft
• The lawsuit addresses systematic copyright infringement of protected books
• Current licensing efforts by AI companies do not absolve past violations

Looking forward: The emergence of AI licensing deals in publishing represents a critical junction for author rights, with the potential to establish important precedents for future content utilization in artificial intelligence development. Publishers’ handling of these new arrangements will likely shape industry standards for years to come, making the Authors Guild’s position particularly significant for protecting creators’ interests.