Simon Willison’s Weblog

Anthropic to pay $1.5 billion to authors in landmark AI settlement. I wrote about the details of this case when it was found that Anthropic's training on book content was fair use, but they needed to have purchased individual copies of the books first... and they had seeded their collection with pirated ebooks from Books3, PiLiMi and LibGen.

The remaining open question from that case was the penalty for pirating those 500,000 books. That question has now been resolved in a settlement:

Anthropic has reached an agreement to pay “at least” a staggering $1.5 billion, plus interest, to authors to settle its class-action lawsuit. The amount breaks down to smaller payouts expected to be approximately $3,000 per book or work.

It's wild to me that a $1.5 billion settlement can feel like a win for Anthropic, but given that it's undisputed that they downloaded pirated books (as did Meta and likely many other research teams) the maximum allowed penalty was $150,000 per book, so $3,000 per book is actually a significant discount.

As far as I can tell this case sets a precedent for Anthropic's more recent approach of buying millions of (mostly used) physical books and destructively scanning them for training as covered by "fair use". I'm not sure if other in-flight legal cases will find differently.

To be clear: it appears it is legal, at least in the USA, to buy a used copy of a physical book (used = the author gets nothing), chop the spine off, scan the pages, discard the paper copy and then train on the scanned content. The transformation from paper to scan is "fair use".

If this does hold it's going to be a great time to be a bulk retailer of used books!

Update: The official website for the class action lawsuit is www.anthropiccopyrightsettlement.com:

In the coming weeks, and if the court preliminarily approves the settlement, the website will provide to find a full and easily searchable listing of all works covered by the settlement.

In the meantime the Atlantic have a search engine to see if your work was included in LibGen, one of the pirated book sources involved in this case.

I had a look and it turns out the book I co-authored with 6 other people back in 2007 The Art & Science of JavaScript is in there, so maybe I'm due for 1/7th of one of those $3,000 settlements!

Update 2: Here's an interesting detail from the Washington Post story about the settlement:

Anthropic said in the settlement that the specific digital copies of books covered by the agreement were not used in the training of its commercially released AI models.

Update 3: I'm not confident that destroying the scanned books is a hard requirement here - I got that impression from this section of the summary judgment in June:

Here, every purchased print copy was copied in order to save storage space and to enable searchability as a digital copy. The print original was destroyed. One replaced the other. And, there is no evidence that the new, digital copy was shown, shared, or sold outside the company. This use was even more clearly transformative than those in Texaco, Google, and Sony Betamax (where the number of copies went up by at least one), and, of course, more transformative than those uses rejected in Napster (where the number went up by “millions” of copies shared for free with others).