The ASA has released vital new resources for creators wishing to protect their rights in the AI age – the ASA’s Guide to AI Clauses for Authors, and the ASA’s Guide to AI Clauses for Illustrators, which are both free for ASA members. These resources explain why it’s vital to include AI provisions in your publishing contracts to safeguard your interests, provide an overview of AI terminology and the emerging licensing market, as well as set out our recommended AI clauses for your agreements.

The purpose of the AI clauses recommended by the ASA is to put you in a position where: 

• your publisher must talk to you before agreeing to any AI licence
• your publisher must give you information about any proposed licence and time to consider the deal
• you have a say in whether you want to join copyright infringement litigation or be part of any settlement with respect to AI training, if that possibility arises in the future.

In addition, the recommended AI clauses are intended to set out how generative AI might be used with respect to the production and publication of your book.

We encourage all authors and illustrators and their agents to include AI provisions in their negotiations with publishers. We are aware that some publishers may resist the introduction of AI language in publishing contracts, but we do not recommend this approach given the potential for later disputes. Instead, the ASA is advocating for authors and publishers to have transparent discussions about AI and to capture both parties’ intentions in writing from the outset.

Generative AI tools have been developed by training on vast amounts of stolen copyright material, and it is integral that moving forwards, creators retain control over their own work and safeguard their rights.

Authors and illustrators can access our guides via the Resources section of our website. It is free to download for ASA members – you must be logged in to access your member discount. For more information and additional context, you may purchase the ASA Model Trade Publishing Contract for Authors/Illustrators via the ASA’s Resources. We also encourage creators to seek legal advice before signing any agreement. You can access heavily subsidised contract reviews through the ASA’s subsidiary law firm, Authors Legal.