Nicholas Basbanes and Nicholas Gage have filed suit against Microsoft, the latest in a series of lawsuits claiming that training OpenAI on authors’ books is copyright infringement. Like other suits, the authors highlight that the company is making billions of dollars on its AI products without any compensation for the authors whose works built them. “Defendants clearly could have obtained the capital to pay given the extraordinary investments already made and the staggering valuations now associated with these LLMs,” the complaint reads. “Defendants also could have explored financing alternatives, such as profit sharing or other mechanisms to facilitate their development […]
Legal
Judge Blocks Iowa Book Ban Law
A federal judge filed a preliminary injunction against Iowa’s “incredibly broad” book banning law, which was set to take effect on January 1. The law would restrict from school and classroom libraries any book that describes or depicts sex, and any book about sexuality or gender identity (the latter half of the law was blocked on December 22). Penguin Random House and four authors filed suit to block the provision in November. In the filing, Judge Stephen Locher noted that the law “has resulted in the removal of hundreds of books from school libraries, including, among others, nonfiction history books, […]
New York Times Sues OpenAI and Microsoft for Copyright Infringement
As we noted recently, coalitions of authors took the lead in 2023 in trying to hold the leaders in generative AI accountable for stealing vast amounts of copyrighted materials to train their Large Language Models. Now at year’s end, authors gained a powerful ally in court as the New York Times Company filed its own copyright infringement lawsuit in Federal Court in New York’s Southern District against OpenAI and Microsoft. The NYT says comes after lengthy negotiations: “For months, The Times has attempted to reach a negotiated agreement with Defendants, in accordance with its history of working productively with large […]
PRH Wins Partial Victory in Iowa Book Ban Suit; WaPo Analyzes Book Bans
In a preliminary victory for Penguin Random House in their suit claiming that Iowa’s book bans are unconstitutional, the state conceded that books about sexual orientation and gender identity will be allowed in school and classroom libraries. According to a press release, “students will be able to access them freely, read, and do reports on them.” This concession covers half of the publisher’s case against Iowa, which they brought with authors, educators, a student and parent, and the Iowa State Education Association. The other half concerns books that describe or visually depict sex, regardless of context, which are restricted through […]
The Year in Legal News; Part 2
In the second half of our annual review of legal news, we recap the many lawsuits surrounding book banning and also touch on some other oddities that made their way to court this year. Book Banning For the second year in a row, book banning was a major concern. Strategies to combat the conservative-led bans against LGBTQ+ books and books by BIPOC authors in school libraries ranged from marketing campaigns to lawsuits. In May, PEN America, Penguin Random House, and a group of authors sued the Escambia County, FL school district where over 200 books had been targeted for banning, […]
The Year In Legal News: Part 1
This year, publishing’s biggest legal battles centered on a few topics: AI, book banning, and the long-running suit filed by major publishers against the Internet Archive. Copyright was at the center of many of our stories–and will continue to be as lawsuits stretch into the new year. Due to the complexity of several ongoing cases, we’ve split our annual roundup into two parts, with the first focused on the Internet Archive suit and the many class action suits brought by authors and publishers against OpenAI and Meta for copyright infringement. Internet Archive In March, a suit brought by the AAP […]