When the allocation portal for Anthropic’s copyright settlement opened this week, many authors discovered that their publishers are claiming 50 or 100 percent of the payout for books whose rights reverted to the author long ago, and 100 percent for books still in print, where the settlement prescribes a 50-50 split. Victoria Strauss reports this at Writer Beware, and TechCrunch followed up on September 6. In addition, around a dozen literary agencies are claiming 15–25 percent, even though agents are not rightsholders and are not part of the class.
The $1.5 billion settlement, given final approval in July, pays about $3,000 per pirated work. Self-published authors and those whose rights reverted before August 10, 2022 are to receive the full amount. Authors report incorrect claims from, among others, HarperCollins, Penguin Random House, Macmillan, Hachette and Simon & Schuster. Several publishers, including Kensington and McFarland, say these are mistakes the administrator is correcting, and the Authors Guild says some publishers selected the wrong option in the form. Strauss nonetheless judges the problems to be widespread and systemic. Disputes not resolved within 30 days go to a court-appointed special master, and the first payments are expected in November.
For the Nordics, the direct effect is limited, since the settlement only covers works registered with the US Copyright Office; foreign authors who are nonetheless included have, according to Writer Beware, reported that the portal requires a US tax identification number for payment. The question of principle is all the more current: who owns the compensation when training data is licensed or paid for after the fact, the author or the publisher? It is a contract question for Bonnier, Norstedts, Gyldendal and Cappelen Damm, a bargaining question for the Swedish Writers’ Union and the Norwegian Authors’ Union, and an administration question for Bonus Copyright Access and Kopinor, which already distribute collective remuneration between authors and publishers today.
Source: TechCrunch, Authors Guild, Writer Beware