Authors challenge publisher and agent claims on Anthropic settlement payments

TechCrunch reported that some authors due money from Anthropic’s copyright settlement were told that another party had claimed part of their payment. The settlement, which TechCrunch says received final approval in July, covers nearly 500,000 titles and sets payment at $3,000 for each pirated work.

According to TechCrunch’s account of the settlement terms, in-print traditionally published books are meant to split the payment equally between author and publisher. Self-published books, or books whose rights had reverted because they went out of print, should pay the author in full. Authors posting publicly say some publishers have claimed money on books whose rights reverted long ago, while others appear to have claimed 100% where only 50% would be due.

What is contested

TechCrunch says Victoria Strauss of Writers Beware has been hearing two recurring complaints: publishers claiming on reverted titles and publishers claiming the full amount rather than their half. Strauss also said some literary agencies were making claims, which she regarded as surprising because agents are not rightsholders in the books they sell.

The article also notes some publishers have said the errors are mistakes and have asked Anthropic to correct them. Mary Rasenberger of the Authors Guild told The New York Times, as quoted by TechCrunch, that she did not view the problem as a deliberate grab so much as a product of poor recordkeeping and a complicated process. One practical limit remains awkward: authors disputing a claim may need to show that rights reverted before 10 August 2022, the settlement’s download date. Paperwork, as ever, has stamina.