Pluralistic: Harpercollins wants authors to sign away AI training rights (18 Nov 2024)


Today's links


A bookcase. Rupert Murdoch's grinning head rests between a gap in the books. Centered in his forehead is the glaring red eye of HAL 9000 from Kubrick's '2001: A Space Odyssey.'

Harpercollins wants authors to sign away AI training rights (permalink)

Rights don't give you power. People with power can claim rights. Giving a "right" to someone powerless just transfers it to someone more powerful than them. Nowhere is this more visible than in copyright fights, where creative workers are given new rights that are immediately hoovered up by their bosses.

It's not clear whether copyright gives anyone the right to control whether their work is used to train an AI model. It's very common for people (including high ranking officials in entertainment companies, and practicing lawyers who don't practice IP law) to overestimate their understanding of copyright in general, and their knowledge of fair use in particular.

Here's a hint: any time someone says "X can never be fair use," they are wrong and don't know what they're talking about (same goes for "X is always fair use"). Likewise, anyone who says, "Fair use is assessed solely by considering the 'four factors.'" That is your iron-clad sign that the speaker does not understand fair use:

https://pluralistic.net/2024/06/27/nuke-first/#ask-questions-never

But let's say for the sake of argument that training a model on someone's work is a copyright violation, and so training is a licensable activity, and AI companies must get permission from rightsholders before they use their copyrighted works to train a model.

Even if that's not how copyright works today, it's how things could work. No one came down off a mountain with two stone tablets bearing the text of 17 USC chiseled in very, very tiny writing. We totally overhauled copyright in 1976, and again in 1998. There've been several smaller alterations since.

We could easily write a new law that requires licensing for AI training, and it's not hard to imagine that happening, given the current confluence of interests among creative workers (who are worried about AI pitchmen's proclaimed intention to destroy their livelihoods) and entertainment companies (who are suing many AI companies).

Creative workers are an essential element of that coalition. Without those workers as moral standard-bearers, it's hard to imagine the cause getting much traction. No one seriously believes that entertainment execs like Warner CEO David Zaslav actually cares about creative works – this is a guy who happily deletes every copy of an unreleased major film that had superb early notices because it would be worth infinitesimally more as a tax-break than as a work of art:

https://collider.com/coyote-vs-acme-david-zaslav-never-seen/

The activists in this coalition commonly call it "anti AI." But is it? Does David Zaslav – or any of the entertainment execs who are suing AI companies – want to prevent gen AI models from being used in the production of their products? No way – these guys love AI. Zaslav and his fellow movie execs held out against screenwriters demanding control over AI in the writers' room for 148 days, and locked out their actors for another 118 days over the use of AI to replace actors. Studio execs forfeited at least $5 billion in a bid to insist on their right to use AI against workers:

https://sites.lsa.umich.edu/mje/2023/12/06/a-deep-dive-into-the-economic-ripples-of-the-hollywood-strike/

Entertainment businesses love the idea of replacing their workers with AI. Now, that doesn't mean that AI can replace workers: just because your boss can be sold an AI to do your job, it doesn't mean that the AI he buys can actually do your job:

https://pluralistic.net/2024/07/25/accountability-sinks/#work-harder-not-smarter

So if we get the right to refuse to allow our work to be used to train a model, the "anti AI" coalition will fracture. Workers will (broadly) want to exercise that right to prevent AI models from being trained at all, while our bosses will want to exercise that right to be sure that they're paid for AI training, and that they can steer production of the resulting model to maximize the number of workers they can fire after it's done.

Hypothetically, creative workers could simply say to our bosses, "We will not sell you this right to authorize or refuse AI training that Congress just gave us." But our bosses will then say, "Fine, you're fired. We won't hire you for this movie, or record your album, or publish your book."

Given that there are only five major publishers, four major studios, three major labels, two ad-tech companies and one company that controls the whole ebook and audiobook market, a refusal to deal on the part of a small handful of firms effectively dooms you to obscurity.

As Rebecca Giblin and I write in our 2022 book Chokepoint Capitalism, giving more rights to a creative worker who has no bargaining power is like giving your bullied schoolkid more lunch money. No matter how much lunch money you give that kid, the bullies will take it and your kid will remain hungry. To get your kid lunch, you have to clear the bullies away from the gate. You need to make a structural change:

https://chokepointcapitalism.com/

Or, put another way: people with power can claim rights. But giving powerless people more rights doesn't make them powerful – it just transfers those rights to the people they bargain against.

Or, put a third way: "just because you're on their side, it doesn't follow that they're on your side" (h/t Teresa Nielsen Hayden):

https://pluralistic.net/2024/10/19/gander-sauce/#just-because-youre-on-their-side-it-doesnt-mean-theyre-on-your-side

Last month, Penguin Random House, the largest publisher in the history of human civilization, started including a copyright notice in its books advising all comers that they would not permit AI training with the material between the covers:

https://pluralistic.net/2024/10/19/gander-sauce/#just-because-youre-on-their-side-it-doesnt-mean-theyre-on-your-side

At the time, people who don't like AI were very excited about this, even though it was – at the utmost – a purely theatrical gesture. After all, if AI training isn't fair use, then you don't need a notice to turn it into a copyright infringement. If AI training is fair use, it remains fair use even if you add some text to the copyright notice.

But far more important was the fact that the less that Penguin Random House pays its authors, the more it can pay its shareholders and executives. PRH didn't say it wouldn't sell the right to train a model to an AI company – they only said that an AI company that wanted to train a model on its books would have to pay PRH first. In other words, just because you're on their side, it doesn't follow that they're on your side.

When I wrote about PRH and its AI warning, I mentioned that I had personally seen one of the big five publishers hold up a book because a creator demanded a clause in their contract saying their work wouldn't be used to train an AI.

There's a good reason you'd want this in your contract; the standard contracting language contains bizarrely overreaching language seeking "rights in all media now known and yet to be devised throughout the universe":

https://pluralistic.net/2022/06/19/reasonable-agreement/

But the publisher flat-out refused, and the creator fought and fought, and in the end, it became clear that this was a take-it-or-leave-it situation: the publisher would not include a "no AI training" clause in the contract.

One of the big five publishers is Rupert Murdoch's Harpercollins. Murdoch is famously of the opinion that any kind of indexing or archiving of the work he publishes must require a license. He even demanded to be paid to have his newspapers indexed by search engines:

https://www.inquisitr.com/46786/epic-win-news-corp-likely-to-remove-content-from-google

No surprise, then, that Murdoch sued an AI company over training on Newscorp content:

https://www.theguardian.com/technology/2024/oct/25/unjust-threat-murdoch-and-artists-align-in-fight-over-ai-content-scraping

But Rupert Murdoch doesn't oppose the material he publishes from being used in AI training, nor is he opposed to the creation and use of models. Murdoch's Harpercollins is now pressuring its authors to sign away their rights to have their works used to train an AI model:

https://bsky.app/profile/kibblesmith.com/post/3laz4ryav3k2w

The deal is not negotiable, and the email demanding that authors opt into it warns that AI might make writers obsolete (remember, even if AI can't do your job, an AI salesman can convince Rupert Murdoch – who is insatiably horny for not paying writers – that an AI is capable of doing your job):

https://www.avclub.com/harpercollins-selling-books-to-ai-language-training

And it's not hard to see why an AI company might want this; after all, if they can lock in an exclusive deal to train a model on Harpercollins' back catalog, their products will exclusively enjoy whatever advantage is to be had in that corpus.

In just a month, we've gone from "publishers won't promise not to train a model on your work" to "publishers are letting an AI company train a model on your work, but will pay you a nonnegotiable pittance for your work." The next step is likely to be, "publishers require you to sign away the right to train a model on your work."

The right to decide who can train a model on your work does you no good unless it comes with the power to exercise that right.

Rather than campaigning for the right to decide who can train a model on our work, we should be campaigning for the power to decide what terms we contract under. The Writers Guild spent 148 days on the picket line, a remarkable show of solidarity.

But the Guild's real achievement was in securing the right to unionize at all – to create a sectoral bargaining unit that could represent all the writers, writing for all the studios. The achievements of our labor forebears, in the teeth of ruthless armed resistance, resulted in the legalization and formalization of unions. Never forget that the unions that exist today were criminal enterprises once upon a time, and the only reason they exist is because people risked prison, violence and murder to organize when doing so was a crime:

https://pluralistic.net/2024/11/11/rip-jane-mcalevey/#organize

The fights were worth fighting. The screenwriters comprehensively won the right to control AI in the writers' room, because they had power:

https://pluralistic.net/2023/10/01/how-the-writers-guild-sunk-ais-ship/

(Image: Cryteria, CC BY 3.0; Eva Rinaldi, CC BY-SA 2.0; modified)

Hey look at this (permalink)


A Wayback Machine banner.

This day in history (permalink)

#20yrsago The Grey Video https://random.waxy.org/video/grey_video.mov

#20yrsago Canada’s DMCA: why is it a bad idea? https://web.archive.org/web/20050428093632/http://www.digital-copyright.ca/files/The_Truth__Final__clean__Nov_16_04_DAF.html

#20yrsago Internet Archive pages are admissable into evidence https://web.archive.org/web/20041120050733/https://cyberlaw.stanford.edu/packets/vol_2_no_3/002728.shtml/

#15yrsago Demonstrating TSA futility by stabbing dead pigs with pens https://pubmed.ncbi.nlm.nih.gov/17325460/

#15yrsago Chumby One: handsome successor to the cutest computer ever https://www.bunniestudios.com/blog/2009/chumby-one

#15yrsago EFF analyzes the legal creepiness of ACTA, the secret copyright treaty https://www.eff.org/deeplinks/2009/11/stopping-acta-juggernaut

#15yrsago Maricopa deputy steals defender’s paperwork during a court case http://www.heatcity.org/2009/11/judge-orders-officer-to-apologize-or-face-jail-for-taking-attorneys-file.html

#15yrsago SFPD cops from imaginary anti-dance-party squad steal laptops https://web.archive.org/web/20091120193839/https://www.sfweekly.com/2009-11-18/music/s-f-cops-may-have-gone-too-far-in-seizing-dj-gear-at-underground-parties/

#15yrsago David Moles’s “Down and Out in the Magic Kingdom” https://chrononaut.org/fiction/down-and-out-in-the-magic-kingdom/

#15yrsago Apple patents anti-user attention-complianceware https://www.nytimes.com/2009/11/15/business/15digi.html

#15yrsago Struts & Frets: an indie-rock YA novel with heart and authenticity https://memex.craphound.com/2009/11/15/struts-frets-an-indie-rock-ya-novel-with-heart-and-authenticity/

#15yrsago UN goons destroy academic poster describing China’s censorwall https://web.archive.org/web/20091118143608/http://news.idg.no/cw/art.cfm

#15yrsago Viacom’s top lawyer thinks lawsuits were “terrorism” – but he’s learned nothing from the experience https://memex.craphound.com/2009/11/17/viacoms-top-lawyer-thinks-lawsuits-were-terrorism-but-hes-learned-nothing-from-the-experience/

#10yrsago London council threatens freedom of information site for “leaking” info they say doesn’t exist https://www.mysociety.org/2014/11/17/can-you-leak-a-decision-that-has-not-yet-been-made/

#10yrsago What “the worst ride in Disney World” teaches us about media strategy https://web.archive.org/web/20140501000000*/https://passport2dreams.blogspot.com/2014/11/stitchs-great-escape-ten-years.html

#10yrsago Rudy Rucker and Terry Bisson’s “Where the Lost Things Are” https://reactormag.com/where-the-lost-things-are-rudy-rucker-terry-bisson/

#10yrsago Mesmerizing rebuild of a mechanical Fourier calculator https://www.youtube.com/playlist?list=PL0INsTTU1k2UYO9Mck-i5HNqGNW5AeEwq

#10yrsago Rightscorp is running out of money https://torrentfreak.com/anti-piracy-firm-rightscorp-on-the-brink-of-bankruptcy-141114/

#10yrsago Spain’s top piracy-fighter goes to jail for embezzling $50K to spend in brothels https://torrentfreak.com/anti-piracy-boss-spent-50k-in-brothels-to-protect-copyright-141114/

#10yrsago EFF makes DoJ admit it lied in court about FBI secret warrants https://web.archive.org/web/20141115172425/http://www.nationaljournal.com/tech/justice-department-admits-it-misled-court-about-fbi-s-secret-surveillance-program-20141113

#10yrsago 1,000-room palace for Turkey’s President Erdogan will cost twice initial $615M pricetag https://www.bbc.co.uk/news/world-europe-30061107

#10yrsago Director Lexi Alexander explains why she sides with pirates https://torrentfreak.com/why-hollywood-director-lexi-alexander-sides-with-pirates-141118/

#10yrsago Bumfights creator accused of stealing remains of dead children from Thai hospital museum https://www.bangkokpost.com/thailand/general/443837/body-parts-in-dhl-packages-stolen-from-siriraj-museum-hospital-says

#10yrsago New sf story: “Huxleyed into the Full Orwell” https://www.vice.com/en/article/huxleyed-into-the-full-cory-orwell-cory-doctorow/

#10yrsago Whatsapp integrates Moxie Marlinspike’s Textsecure end-to-end crypto https://www.wired.com/2014/11/whatsapp-encrypted-messaging/

#5yrsago Podcast: Jeannette Ng Was Right, John W. Campbell Was a Fascist https://ia803108.us.archive.org/19/items/Cory_Doctorow_Podcast_315/Cory_Doctorow_Podcast_315_-_Jeannette_Ng_Was_Right_John_W_Campbell_Was_a_Fascist.mp3

#5yrsago Coop’s tribute to Randotti Skulls, from the golden age of Haunted Mansion merchandise https://memex.craphound.com/2019/11/18/coops-tribute-to-randotti-skulls-from-the-golden-age-of-haunted-mansion-merchandise/

#5yrsago Beyond antitrust: the anti-monopoly movement and what it stands for https://onezero.medium.com/the-utah-statement-reviving-antimonopoly-traditions-for-the-era-of-big-tech-e6be198012d7

#5yrsago Massive leak of Chinese government documents reveal the “no mercy” plan for Muslims in Xinjiang https://www.nytimes.com/interactive/2019/11/16/world/asia/china-xinjiang-documents.html

#5yrsago 900 pages of leaked Iranian spy cables reveal how America’s failures after invasions allowed Iran to seize control of Iraqi politics https://theintercept.com/2019/11/18/iran-iraq-spy-cables/

#5yrsago Majority of Americans know they’re under constant surveillance, don’t trust the companies doing it, and feel helpless to stop it https://www.pewresearch.org/internet/2019/11/15/americans-and-privacy-concerned-confused-and-feeling-lack-of-control-over-their-personal-information/

#5yrsago Supercut of British voters insulting Boris Johnson on the campaign trail https://twitter.com/TheIDSmiths/status/1194954125772853248

#5yrsago Thanks to an article about why science fiction great John M Ford’s books are out of print, they’re coming back https://slate.com/culture/2019/11/john-ford-science-fiction-fantasy-books.html

#5yrsago Many Chinese manufacturers are behaving as though they have no future https://web.archive.org/web/20191114152903/https://www.chinalawblog.com/2019/11/how-to-conduct-business-with-chinese-companies-that-see-a-dark-future.html

#5yrsago Why are we still treating economics as if it were an empirical science that makes reliable predictions? https://www.nybooks.com/articles/2019/12/05/against-economics/

#5yrsago Uber pretended its drivers were contractors, and now it owes New Jersey $650m in employment tax https://news.bloomberglaw.com/daily-labor-report/uber-hit-with-650-million-employment-tax-bill-in-new-jersey

#5yrsago Labour pledges universal broadband and nationwide fibre, will renationalise the farcical, terrible BT Openreach https://www.bbc.com/news/election-2019-50427369

#5yrsago “Hope literacy,” “functional denial” and other ways to keep going in this difficult time https://www.earthisland.org/journal/index.php/articles/entry/despairing-about-climate-crisis

#5yrsago Hong Kong protesters’ little stonehenges impede police cars https://twitter.com/rhokilpatrick/status/1195350548062654465

#5yrsago Extinction Rebellion floats a drowned house down the Thames https://extinctionrebellion.uk/2019/11/10/act-now-our-house-is-flooding/

#5yrsago After workers tried to form a union, trans rights group ditches most of its staff https://npeu.org/news/2019/11/15/nonprofit-professional-employees-union-files-unfair-labor-practice-against-national-center-for-transgender-equality-leadership-for-retaliation-against-staff-organizing

#1yrago Red-teaming the SCOTUS code of conduct https://pluralistic.net/2023/11/17/red-team-black-robes/#security-theater

#1yrago Big Train managers earn bonuses for greenlighting unsafe cars https://pluralistic.net/2023/11/15/safety-third/#all-the-livelong-day

Upcoming appearances (permalink)

A photo of me onstage, giving a speech, holding a mic.


A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)


A grid of my books with Will Stahle covers..

Latest books (permalink)


A cardboard book box with the Macmillan logo.

Upcoming books (permalink)

  • Picks and Shovels: a sequel to "Red Team Blues," about the heroic era of the PC, Tor Books, February 2025

  • Unauthorized Bread: a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2025


Colophon (permalink)

Today's top sources:

Currently writing:

  • Enshittification: a nonfiction book about platform decay for Farrar, Straus, Giroux. Friday's progress: 786 words (83404 words total).

  • A Little Brother short story about DIY insulin PLANNING

  • Picks and Shovels, a Martin Hench noir thriller about the heroic era of the PC. FORTHCOMING TOR BOOKS FEB 2025

Latest podcast: Spill, part four (a Little Brother story) https://craphound.com/littlebrother/2024/10/28/spill-part-four-a-little-brother-story/

This work – excluding any serialized fiction – is licensed under a Creative Commons Attribution 4.0 license. That means you can use it any way you like, including commercially, provided that you attribute it to me, Cory Doctorow, and include a link to pluralistic.net.

https://creativecommons.org/licenses/by/4.0/

Quotations and images are not included in this license; they are included either under a limitation or exception to copyright, or on the basis of a separate license. Please exercise caution.

How to get Pluralistic:

Blog (no ads, tracking, or data-collection):

Pluralistic.net

Newsletter (no ads, tracking, or data-collection):

https://pluralistic.net/plura-list

Mastodon (no ads, tracking, or data-collection):

https://mamot.fr/@pluralistic

Medium (no ads, paywalled):

https://doctorow.medium.com/

Twitter (mass-scale, unrestricted, third-party surveillance and advertising):

https://twitter.com/doctorow

Tumblr (mass-scale, unrestricted, third-party surveillance and advertising):

https://mostlysignssomeportents.tumblr.com/tagged/pluralistic

"When life gives you SARS, you make sarsaparilla" -Joey "Accordion Guy" DeVilla

3 Comments