Authors Push Back Against Publisher Claims on Anthropic Settlement
Some authors expecting their share of Anthropic’s $1.5 billion copyright settlement were surprised this week by emails informing them that someone else was claiming their payments. The Anthropic copyright settlement, which received final approval in July, was meant to compensate nearly 500,000 authors whose works were pirated for AI training.
- Authors Push Back Against Publisher Claims on Anthropic Settlement
- How Settlement Payments Are Divided Under the Anthropic Copyright Settlement
- Publishers Accused of Overreaching on Copyright Claims
- Are These Mistakes or Something More Systemic?
- Literary Agents Also Making Claims on Settlements
- How Authors Can Dispute Their Allocations
- What This Means for Authors Moving Forward
Anthropic settled the copyright class action last year after a judge ruled that training AI models on copyrighted material is legal under fair use doctrine—but pirating that material was not. Under the settlement terms, authors of nearly 500,000 titles will receive $3,000 for each pirated work.
The Anthropic copyright settlement represents one of the largest payouts of its kind, and authors have been eagerly awaiting their share. However, the distribution process has become complicated as publishers and literary agents step forward to claim portions of payments that authors believe belong entirely to them.
How Settlement Payments Are Divided Under the Anthropic Copyright Settlement
The payment division depends on the book’s publishing status:
Books still in-print with traditional publishers: Payments split 50-50 between author and publisher
Self-published works: Author receives the full payment
Books where rights reverted (out-of-print): Author should receive 100%
Under the Anthropic copyright settlement, if the book is still in-print with a traditional publisher, the money will be split evenly. But if the book was self-published, or if the publisher reverted the rights by allowing the book to go out-of-print, then the author should get the entire payment. This seems straightforward, but authors are discovering that publishers are not always following these rules.
Publishers Accused of Overreaching on Copyright Claims
Mystery author April Henry voiced her frustration publicly: “WTF is HarperCollins playing at? They claimed one of my books on the Anthropic Settlement that reverted back at least 17 years ago AND on the same day I got a credit alert saying they had been added as my employer!”
Henry’s experience is not isolated. Across social media platforms, writers are sharing similar stories about the Anthropic copyright settlement and the unexpected claims being made against their payments.
At the popular blog Writers Beware, Victoria Strauss has collected author complaints falling into two categories:
Publishers seeking payment for works they no longer have legitimate claim on
Publishers seeking 100% payment when they’re only entitled to 50%
In the first scenario, publishers are claiming rights to books that reverted to authors years or even decades ago. In the second, publishers who are entitled to only half the payment are attempting to claim the entire amount.
Are These Mistakes or Something More Systemic?
Strauss said she’s “reluctant to attribute to malice what can be plausibly explained by poor recordkeeping.” Some publishers have already acknowledged mistakes and requested Anthropic fix them.
Authors Guild CEO Mary Rasenberger told The New York Times she doesn’t see this as “a grab by the publishers” and doesn’t believe publishers are “specifically trying to screw any author over.” Instead, she called it the predictable result of bad record-keeping and a confusing settlement process.
However, Strauss noted: “The unusually large number of reports I’ve received over the last two days, as well as the fact that authors are reporting the exact same errors over and over, suggest to me that these aren’t the kind of routine glitches you might expect from such a large operation, but something much more widespread and systemic.”
Strauss also acknowledged that any complaints she’s seen are just “a peek through a small crack in a massive wall.” But the volume and consistency of the reports raise concerns about whether the Anthropic copyright settlement distribution system is functioning as intended.
Literary Agents Also Making Claims on Settlements
Adding to the confusion, Strauss has received complaints that literary agencies are also making claims—which she called surprising since “agents are not rightsholders in the books that they sell.”
This development has angered many authors who see agents overstepping their role. Agents typically earn commissions on book sales, but they do not own the copyright or hold rights to the works they represent.
Author Courtney Milan was more blunt on Bluesky: “Apparently some agents are trying to claim percentages on the Anthropic settlement, and I do not REMOTELY think they should do this, what the fuck, stop that shit!”
Milan, a former law clerk and law professor writing under a pen name, has been vocal about protecting authors’ rights throughout the Anthropic copyright settlement process.
How Authors Can Dispute Their Allocations
Milan and the Authors Guild have shared details on disputing payment allocations. One critical detail: For authors to make a 100% claim, the rights reversion must have occurred before August 10, 2022—the “download date” in the settlement.
Authors who believe their payments have been improperly claimed can take steps to dispute the allocations. The process requires documentation of when rights reverted, which can be challenging for older works where records may be incomplete.
With nearly half a million titles affected and substantial money at stake, many authors are now carefully reviewing their claims and challenging inappropriate publisher and agent demands.
What This Means for Authors Moving Forward
The issues surrounding the Anthropic copyright settlement highlight broader concerns about rights management in the publishing industry. Poor record-keeping by publishers can have real financial consequences for authors, even years after rights have reverted.
For authors navigating this process, experts recommend:
Gathering documentation of rights reversions for all affected books
Reviewing settlement notices carefully
Disputing any claims that appear incorrect
Consulting with legal professionals if disputes cannot be resolved
The Anthropic copyright settlement was intended to compensate authors for works pirated for AI training. But as the distribution process unfolds, it’s becoming clear that authors may need to fight not just for their share—but to ensure that publishers and agents don’t take more than they’re entitled to.
