Publishers take legal stand against AI training on copyrighted books

It’s East Coast legacy publishing vs. West Coast tech.

The publishing industry finds itself locked in an escalating legal battle with tech companies over AI training on copyrighted books, with major implications for intellectual property rights in the digital age. As AI development races forward, publishers are fighting to establish precedents that protect authors’ works while acknowledging the need for responsible innovation, creating tension between traditional copyright protections and technological advancement.

The big picture: Publishing industry organizations including the AAP and AUP have escalated their AI copyright concerns to the White House, responding to the administration’s request for input on its Artificial Intelligence Action Plan.

• The industry argues that tech companies’ unauthorized use of copyrighted materials to train AI models constitutes infringement and threatens authors’ livelihoods.
• Publishers specifically criticized the Office of Science and Technology Policy’s approach as failing to adequately protect copyright holders’ interests.
• These comments follow multiple high-profile lawsuits by publishers against tech companies like Microsoft, OpenAI, and Anthropic over AI training practices.

Legal battlegrounds: Major publishing houses have filed lawsuits alleging that tech companies illegally copied millions of books to train their AI systems without permission or compensation.

• The New York Times initiated legal action against OpenAI and Microsoft in December 2023, while HarperCollins, Penguin Random House, Simon & Schuster, Hachette, and Macmillan filed a joint lawsuit against Anthropic in June 2024.
• Non-fiction and academic publishers have joined the fight, with John Wiley & Sons suing Microsoft, Anthropic, and others over alleged copyright infringement.
• These cases center on whether AI training constitutes “fair use” of copyrighted works, a legal doctrine tech companies have relied on for defense.

Industry concerns: Publishers argue that AI systems can generate content that directly competes with original works, potentially devastating the book market.

• AAP CEO Maria Pallante warned that unchecked AI development threatens “the fundamental underpinnings of the publishing ecosystem,” creating existential risks for authors and publishers.
• Publishers worry that AI tools might eventually produce content convincing enough to replace human-created works, particularly in genres like travel guides and cookbooks.
• One major fear is that reduced royalties and advances could force professional authors out of the industry, diminishing the diversity and quality of published works.

Seeking solutions: The publishing industry is advocating for a balanced approach that would allow AI innovation while protecting copyright holders’ rights.

• Publishers are pushing for licensing mechanisms that would compensate rights holders when their works are used for AI training.
• The AAP has proposed regulation requiring AI developers to disclose their training data sources and obtain licenses for copyrighted materials.
• Industry leaders emphasize they’re not anti-technology but want responsible AI development that respects intellectual property rights.

The other side: Tech companies maintain that their AI training practices are legal under fair use doctrine and beneficial to society.

• OpenAI and other defendants argue that AI training represents transformative use that doesn’t substitute for original works.
• Tech companies point to the potential benefits of AI tools for authors, such as research assistance and help with marketing.
• Some argue that blocking AI training on copyrighted works would significantly hamper technological progress.

What’s next: The industry awaits judicial decisions that could set precedents for how copyright law applies to AI training.

• The White House’s forthcoming AI Action Plan will likely influence the regulatory landscape for both publishers and tech companies.
• Some industry observers believe licensing agreements between publishers and AI companies may eventually emerge as a workable solution.
• Publishers are increasingly looking to develop their own AI strategies while continuing to advocate for stronger copyright protections.