(Kay DiBianca is currently on hiatus)

Over at Authors Guild:

“The model clauses below cover important aspects of AI uses of author’s works: specifically, prohibiting AI use of an author’s work without the author’s consent; licensing specific AI uses as subsidiary rights with fair compensation; protecting audiobook and translation rights from AI uses without the author’s approval; and governing the author’s permissible use of AI in submitted manuscripts as well as the publisher’s use of AI in connection with the work. Authors and agents may request that publishers use any of these clauses, and publishers are free to adopt them.”

Re: Authors:

“Author shall disclose to Publisher if any AI-generated text is included in the submitted manuscript, and may not include more than [a de minimis/5%] AI-generated text.”

Re: Publishes:

The Authors Guild is concerned about reports that some publishing professionals are uploading manuscripts and authors’ personal information into public, consumer-facing AI systems for uses such as generating summaries, assessments, and marketing copy without permission from the authors or adequate guardrails to ensure that the manuscripts are not used by AI companies for training.

Uploading or inputting a copyrighted work or an author’s personal information into public, consumer-facing AI systems without permission may constitute a violation of the author’s copyright or right of privacy, and it puts the author’s intellectual property and personal information at risk. Editors, agents, and others in the industry who have access to authors’ works should not upload their manuscript to or otherwise prompt consumer-facing chatbots with any author’s works without first getting the author’s written permission. Further, where consumer-facing chatbots are used in workflows, publishers and other industry professionals should ensure that they opt out of having the work used for training. All of the common chatbots provide this option. Publishers should also take care that any internal AI systems are sandboxed models with guardrails to prevent the manuscripts or author information from being used as inputs for training.

Publisher shall not upload the Work or any of Author’s personal information to consumer-facing AI systems for purposes such as generating summaries, assessments, or marketing copy without written permission from the author or as otherwise agreed to hereunder; and when such permission is granted, it shall ensure that the manuscript is not used by third-party AI companies for training, such as by opting out of allowing training in user settings.

And:

To prevent injecting any AI-generated text into an author’s work, publishers should not use AI to substantively edit manuscripts, with the exception of basic spelling and grammar- checking applications.

Publisher agrees and warrants that it will not use AI to substantially edit a manuscript (excepting the use of basic spelling and grammar-checking applications).