The Authors Guild has released four new model contract clauses that address the use of generative AI in the publishing sector.

Background

The four new clauses cover language that addresses:

🤖 The use of generative AI by authors
🤖 Prior consent for generative AI audiobooks
🤖 Prior consent for generative AI translations
🤖 Prior consent for generative AI book cover design

The translation and book cover clauses do allow for assistive use of generative AI tools in connection with a human translator or designer.

These four new clauses now join the previous model clause the AG released that prohibited the use of an author’s work for training of generative AI models.

Why does this matter?

The AG explains:

“The purpose of these demands is to prevent the use of AI to replace human creators. The Authors Guild strongly believes that human writing, narration, and translation are vastly superior to their AI mimics. Moreover, as an ethical matter, the Authors Guild opposes relying on these tools to replace human creators, in part because current AI content generators have largely been trained on pre-existing works without consent.”

The Authors Guild

The Clause Language

Looking to jump straight to the clause language? Check out the following references, which are helpful sample clauses to review if you are looking for similar to incorporate into your own contracts:

Model Trade Book Contract

• Section 2(f) – No Generative AI Training Use.
• Section 2(g) – Audio Book Clause (for use with audiobook grants)
• Section 2(h) – Translation Clause (for use with grants of translation rights)

Translator Book Contract

• Section 1(d) – No Generative AI Training Use.
• Section 1(e) – Audio Book Clause (for use with audiobook grants)
• Section 2(c) – Clause relating to Translators’ use of AI

Practical Drafting Considerations

Don’t forget! These clauses are just one part of a contract. It’s also important to make sure the clauses are strengthened across the entire agreement since some of them are drafted as obligations on the other party (like the publisher or the translator). This would mean paying close attention to how the representations and warranties are treated within the indemnification section (e.g., not excluding them from the scope of the publisher or translator’s indemnity obligations, ensuring they carry downstream to distribution partners or other subcontractors).

Also, it’s worth exploring how a breach of the obligations or violation of the rights reserved by the author are treated under the liability cap, often a limitation of liability section. It may be reasonable to have uncapped liability for damages to an author if their work is intentionally allowed for use in generative AI training and such rights were reserved using the model clause. Or, if the audiobook is generated using a synthetic voice talent, and there are future claims, such as right of publicity or name, image and likeness violations, from voice actors that didn’t give permission for their voice(s) to be used in training the generative AI tool used to generate the audiobook.

Already signed a deal? If you have leverage to re-open negotiations, you might be able to get an amendment executed that includes clauses that address generative AI. It doesn’t hurt to at least have the conversation with your publisher and understand what, if any, steps they are taking with respect to generative AI technologies.