Authors dispute publisher, agent claims on Anthropic AI

Authors expecting payments from Anthropic's $1.5 billion copyright settlement are reporting surprise claims from publishers and agents on their funds. The settlement, which received final approval in July, pays $3,000 for each pirated work to the authors of nearly 500,000 titles.

According to the settlement terms, if a book is still in-print with a traditional publisher, the payment is split 50-50 between author and publisher. If the book was self-published or if the publisher allowed the book to go out-of-print, reverting the rights, the author should receive the entire $3,000.

Widespread reports of improper claims

Writers have taken to social media to describe improper claims. Mystery author April Henry questioned why HarperCollins claimed one of her books whose rights she says reverted at least 17 years ago. The popular blog Writers Beware, run by Victoria Strauss, has been collecting similar complaints.

Strauss told TechCrunch the complaints fall into two main categories. Publishers are seeking payment for works where rights have legally reverted to the author. In other cases, publishers are claiming 100% of a payment when they are only entitled to 50%.

Attribution to error over malice

Strauss said she is "reluctant to attribute to malice what can be plausibly explained by poor recordkeeping." She noted some publishers have already called their claims a mistake and asked Anthropic for a correction. Authors Guild CEO Mary Rasenberger echoed this sentiment to The New York Times, arguing this is the result of bad record-keeping and a confusing settlement process, not a deliberate attempt to harm authors.

Despite this, Strauss expressed concern about the scale. She wrote that the volume and repetition of identical errors suggest "something much more widespread and systemic" than routine glitches.

Literary agents also making claims

The issue extends beyond publishers. Strauss reported receiving complaints that several literary agencies are also making claims on settlement funds. She found this surprising, stating that "agents are not rightsholders in the books that they sell."

Author Courtney Milan was more direct in a Bluesky post, writing, "Apparently some agents are trying to claim percentages on the Anthropic settlement, and I do not REMOTELY think they should do this."

The dispute process and a key date

Milan and the Authors Guild have shared guidance for authors on disputing payment allocations. A central complication is proving when rights to a book reverted. For an author to claim 100% of a payment, the rights reversion must have occurred before August 10, 2022. This date is defined in the settlement as the "download date" for the copyrighted material.

The settlement stems from a class action where a judge ruled training AI models on copyrighted material is legal under fair use, but pirating that material was not. The final resolution now involves handling the complex legacy of publishing rights.