Authors Guild Raises Alarm Over Unlicensed AI Use of Literary Works: Demands for Ethical Practices and Author Compensation

Introduction

Authors are becoming increasingly concerned about the impact of artificial intelligence (AI) on their work. Many writers across the spectrum have a presence on LinkedIn, where they make connections, learn, voice their worries, and seek solidarity. As an author and Authors Guild member, I am glad that the Authors Guild plays an advocacy role in these discussions. This article summarizes two recent articles by the Authors Guild that raise concerns about actions by publishers and big tech companies that could have a detrimental impact on authors, their works, and their rights.

The Authors Guild is a professional organization dedicated to advocating for authors' rights and interests and ensuring fair treatment and compensation in the literary and publishing industries. It provides legal support, resources, and a collective voice to address issues such as copyright, contracts, and new technologies impacting authors.

The primary concern of the Authors Guild is that publishers and big tech companies are making deals that allow AI companies to use authors' works for training without the authors' consent or compensation. These actions devalue authors' work, violate their rights, and create unfair competition. The Guild demands that the right to license a work for AI purposes should remain with the author unless explicitly granted otherwise, and calls for publishers to offer opt-outs or compensation for unauthorized use.

The legal landscape and contractual agreements between authors and publishers are fraught with gray areas, particularly concerning rights and protections in the era of digital and AI technologies. Traditional publishing contracts often grant publishers broad rights, but the extent to which these rights cover emerging uses, such as AI training, remains ambiguous. Many agreements include clauses allowing for the use of works in "future technologies," but these were typically drafted with new publication methods in mind, not the training of generative AI. This ambiguity creates significant challenges for authors seeking to protect their intellectual property and ensure fair compensation. As AI continues to evolve, there is an urgent need for clearer contractual language and legal standards to safeguard authors' rights and address the ethical implications of these new technological applications.

Authors Guild Demands Prior Consent for AI Use of Academic and News Content

Date: Authors Guild Website, July 30, 2024

The Authors Guild has strongly objected to academic, educational, magazine, and newspaper publishers entering into licensing deals with AI companies without consulting or compensating the authors. Notable examples include Taylor & Francis and John Wiley, who have entered into lucrative deals with Microsoft and other AI companies for non-exclusive access to texts. Many prominent publishers like NewsCorp, Associated Press, Reuters, The Atlantic, and Vox Media have also followed suit.

The Guild argues that many of these deals may exceed the publishers' legal rights, as the original agreements with authors were not intended to cover AI training or specialized AI mining. This new usage could potentially devalue the authors' work by capturing their unique voice and style, leading to unfair competition. The Guild insists that the right to license a work for AI training should remain with the author unless explicitly granted otherwise in a contract.

The Authors Guild demands that publishers offer opt-outs or compensation to authors whose works have been included in these AI licensing deals without consent. They urge affected members to contact the Guild for advice and support.

Big Tech’s Disregard for Authors: AG Responds to Tech Companies Harvesting Books

Date: Authors Guild Website, April 19, 2024

An investigation by the New York Times reveals that tech giants, including Meta, are acquiring book data for AI purposes without regard for the rights and hard work of authors. One notable incident involves Meta considering the purchase of Simon & Schuster solely to harvest book data, showing a lack of respect for literary culture and the legal rights of authors.

The Authors Guild stresses that the ethical and legal way to use books for AI training is to obtain permission through proper licensing from authors or publishers. The Guild is developing a licensing system to facilitate this process. They also support initiatives like Fairly Trained, which certifies AI models that respect copyright laws.

The Guild views this issue as critical to the survival of books and authorship, emphasizing the importance of accountability and the preservation of human values in the face of big tech's disregard for the law and culture.

Summary of Main Points of the Two Authors Guild Articles

Authors Guild Concerns:

• Publishers are licensing content to AI companies without author consent or compensation.
• Notable deals include Taylor & Francis with Microsoft and John Wiley with AI companies.
• Other publishers involved include NewsCorp, Associated Press, Reuters, The Atlantic, and Vox Media.

Legal and Ethical Issues:

• Publishers may not hold all rights to license works for AI use.
• Original agreements with authors did not intend for works to be used for AI training.
• Utilization of AI training devalues authors' work and creates unfair competition.

Authors Guild Demands:

• Right to license for AI should belong to authors unless explicitly granted.
• Publishers should offer opt-outs or compensation for unauthorized AI use.
• Authors affected should contact the Guild for support.

Big Tech’s Practices:

• Investigation reveals tech giants acquiring book data without proper rights.
• Meta considered buying Simon & Schuster for data harvesting.
• Ethical AI training requires licensing from authors or publishers.

Guild’s Response and Initiatives:

• Developing a licensing system for ethical AI use of books.
• Supporting Fairly Trained to certify AI models that respect copyrights.
• Emphasizing the battle for the survival of books and authorship against big tech’s for the law and culture.

About the Author

Don Iannone is an author, speaker, and expert in economic development and public policy. He serves on the business faculty of Transcontinental University, a European Union-based university with a campus in Columbus, Ohio. Don's new book, "America’s Dream at a Crossroads, The 2024 Presidential Election and Beyond,” explains why the American Dream should be a defining in the upcoming presidential election. The book is on its way to becoming a bestseller. Since the book launched on July 8, 2024, Don has made over 35 media appearances nationwide about the book. Don is a member of the Authors Guild. Don holds a doctorate in philosophy and resides in Chagrin Falls, Ohio. Book Don as a speaker.