Do not grant “AI rights” as one undefined bundle. Treat each proposed use—training, retrieval, summaries, interactive experiences, narration, translation, artwork, editing and marketing—as a separate permission. State what is allowed, what remains reserved, who must approve a use, how it is attributed, how money is calculated and paid, and what happens to models and outputs after the license ends.
The Authors Guild’s model clauses, updated with additional provisions in 2026, provide a useful negotiation checklist. They are proposals, not an industry-wide rule or a substitute for advice under the contract’s governing law. The final wording must fit your existing rights grant, contributors, manuscript and territory.
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Start by separating the rights
“AI use” is too broad to function as a safe contract term. A publisher could mean ingesting a manuscript into a training dataset, using retrieval-augmented generation (RAG) to answer questions from the book, producing a summary, creating a “chat with a book” product, generating marketing copy, translating the text, making cover art, editing prose or narrating an audiobook. Those activities create different commercial, privacy, attribution and control issues.
Write an exhaustive list of the uses the parties intend to permit. Say whether the list is exclusive. A sentence granting rights for “AI purposes” without definitions can unintentionally reach future products neither party has discussed.
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Define the material covered
Specify whether a permission covers the manuscript, final text, illustrations, cover art, photographs, author name, likeness, voice, biographical information or other personal information. If you contributed only some material—for example, a co-written chapter or a licensed illustration—confirm that you have authority to grant the relevant right.
Define the acts and outputs
For each use, identify the action (such as training, retrieval, summarizing or translation), the systems that may perform it, and the outputs that may be commercialized. Include whether a model may retain weights or embeddings derived from the work, whether outputs may be sold, and whether the publisher may combine your material with other authors’ works.
Choose reservation or a specific license
The Authors Guild’s baseline model reserves AI-related rights unless the agreement expressly grants them, while allowing a limited internal-tools carveout. That approach lets an author negotiate individual uses instead of transferring an open-ended future right.
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| Negotiation choice | What the contract should say | Main consequence |
|---|---|---|
| Reserve AI rights | State that all AI uses not expressly listed remain with the author, including uses developed after signing. | The publisher must return for consent before launching a new AI product. |
| License selected uses | Name each use, the covered material, territory, term, exclusivity, approval process and permitted outputs. | The publisher receives a defined commercial right while other uses stay reserved. |
| Transfer all rights or copyright | Insert an express reservation for every AI right the author intends to keep. | An all-rights transfer can otherwise swallow rights that would have remained reserved under a publishing license. |
Mark every grant as exclusive or non-exclusive. Decide whether the publisher may sublicense, whether each sublicense requires your approval, and what notice you receive about a proposed deal. The Guild’s approval and notice language is a negotiation option, not an automatic entitlement.
Address future uses
Use a change-control mechanism for a genuinely new use: written notice describing the system and product, a response period, and a rule that silence is not consent. If no agreement is reached, the unlisted use should remain unlicensed.
Write a narrow internal-tools carveout
Publishers may want to use internal software for searchability, advertising, marketing drafts or routine operations. Decide whether that is acceptable and define “internal” precisely. A practical carveout can require all of the following:
- Use only for the publisher’s internal operations, not an external product or public model.
- No training of a general-purpose model and no creation or sale of derivative outputs.
- No onward licensing or sharing with vendors beyond named service providers bound by equivalent restrictions.
- Confidentiality, access controls, retention limits, deletion procedures and security incident notice.
- Human review before any generated text, image, translation or recommendation is published.
- No use of your personal information, voice or likeness unless separately authorized.
Ask what happens when a vendor’s system retains prompts, logs or embeddings. “Internal” does not by itself answer whether a third-party provider can use uploads to improve its model.
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Set payment and accounting for licensed AI uses
Do not rely on a generic subsidiary-rights clause without checking its definitions and accounting. An AI license should identify the revenue base, allocation method, author share, reporting cadence, audit rights, payment deadline and treatment of the advance.
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Define the money flow
- Revenue base: State whether your share is calculated on gross receipts, receipts after named deductions, a per-use fee, a subscription allocation or another measurable base.
- Allocation: For a bundle covering many books, specify a defensible method for allocating the license fee among titles and contributors.
- Payment: Set when statements and money are due and require enough detail to verify the calculation.
- Audit: Preserve inspection rights for the publisher’s records and for sublicense reports, with a remedy if an underpayment exceeds an agreed threshold.
- Advance: Say whether AI receipts are paid directly to you or cross-collateralized against the advance. The Authors Guild model includes language for direct payment independent of the advance.
- Follow-on value: Cover paid outputs, subscriptions, advertising, data licensing and any later commercialization of a model trained during the term.
The Authors Guild’s suggested splits for particular AI rights are negotiating proposals subject to the publisher’s contribution; they are not established market rates. Put the actual percentage or fee in your contract rather than incorporating a model clause by reference.
Deal with expiry and continuing models
Specify whether the publisher must stop new training and retrieval at the end of the term, delete or return source material, and disable access to a product. A model may continue operating after a license expires, so address whether existing weights, indexes, embeddings and cached outputs may remain in use, and whether revenue from that continuing operation is still reportable and payable.
A December 2024 Society of Authors discussion of a HarperCollins proposal identified term, continuing model operation, output income, warranties, attribution and safeguards as unresolved questions. Treat those as questions to ask about any offer, not as a general precedent.
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Control how the author may use AI
Publisher and author permissions are separate. If the publisher requires disclosure, define exactly what triggers it: AI-generated text inserted into the submitted manuscript, material generated and then substantially edited, AI assistance of any kind, or another agreed category.
Set disclosure mechanics
- Identify the form: a schedule, cover letter, metadata field or marked manuscript passages.
- Set the timing: on submission, on delivery of revisions, or when a material change is made.
- State who receives the disclosure and who may see it.
- Define any threshold in words and numbers. The Guild’s example is bracketed “a de minimis/5%”; it is not a legal ceiling or universal publishing standard.
The Guild model also says an author cannot be required to use generative AI or to work from AI-generated text. If that protection matters to you, state it expressly and cover editorial requests, supplied machine-generated drafts and mandatory platform use.
Address warranties and responsibility
Clarify who warrants that an AI-assisted contribution does not infringe copyright, breach confidentiality or violate a third-party right. Do not accept an unlimited warranty for a tool the publisher selected and controlled. Allocate responsibility according to who chose the system, supplied the prompt or source material, reviewed the output and approved publication.
Separate production and promotion permissions
Production uses should not be hidden inside a general editing clause. Negotiate each workflow and its approval standard.
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Decide whether automated spelling and grammar checks are allowed and whether substantive rewriting, restructuring, style imitation or voice alteration is prohibited without your written consent. The Guild’s model distinguishes basic spelling and grammar checks from substantive AI editing.
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Audiobook narration
State whether a synthetic voice may narrate the audiobook, whether your voice or a named narrator may be replicated, who approves a sample, and whether the permission covers promotional clips and future editions. Include takedown or correction procedures for mispronunciation and factual errors.
Translation
Require approval of the system, target language, human post-editing standard and final translator credit. Specify who is responsible for errors and whether the translation may be used to train another system.
Artwork
Cover and interior art involve separate rights from text. Identify whether generative artwork is permitted, who supplies prompts or reference material, how human artists are credited, and whether the image may be reused in advertising or other editions.
Summaries, assessments and marketing
Define whether the publisher may upload the manuscript to a consumer-facing chatbot or other external service to create summaries, reading guides, sales copy or assessments. The Authors Guild’s April 2026 update addresses manuscript and personal-information uploads for these purposes. Require written permission, training opt-out settings where available, limits on personal information and technical safeguards for internal systems.
Make attribution operational
“Credit” can refer to several different disclosures. Turn each into a measurable obligation:
- The author’s name and form of credit on the print book, ebook, audiobook and product pages.
- Whether AI-generated text, images, narration or translation must be disclosed to the publisher.
- Whether the book, packaging or marketing must tell readers about that use, and who approves the wording.
- The attribution accompanying a licensed product that quotes, reproduces or retrieves passages from the book.
- Credit for translators, illustrators, editors and other human contributors.
- Responsibility for correcting inaccurate, omitted or misleading attribution.
Ask for a sample credit line and identify where it will appear. The sources do not establish one universal reader-labeling rule, so the contract—not an assumption about industry practice—should control.
Protect confidential material and personal information
Before granting any upload or training permission, list the information that may not be submitted: unpublished chapters, editorial correspondence, contracts, family details, addresses, financial information, source interviews and third-party confidential material.
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Compare a reserved-rights deal with a license
Use the same questions for every alternative. The following framework keeps commercial terms from being separated from control terms.
| Question | Reserved-rights position | Licensed-rights position |
|---|---|---|
| Uses and outputs | Only ordinary publishing rights; each AI use remains ungranted. | Named uses and outputs, with unlisted uses excluded. |
| Exclusivity | No AI exclusivity is transferred. | State exclusive or non-exclusive for each use. |
| Approval and sublicensing | Consent is required before a new use. | Set approval, notice and sublicense rules for each deal. |
| Term and expiry | No AI term because no AI license is granted. | Set start, end, post-expiry model and deletion rules. |
| Attribution and disclosure | Use the ordinary author credit; no AI disclosure unless separately agreed. | Specify reader labels, product credit, extract attribution and approval. |
| Payment | No AI receipts are licensed. | Define base, split, statements, audit, deadline and advance treatment. |
| Safeguards | Uploads and training are prohibited absent a later agreement. | Require confidentiality, security, retention, deletion and personal-data limits. |
Use a step-by-step negotiation process
- Collect the existing grant. Mark every clause covering copyright, subsidiary rights, electronic rights, adaptations, illustrations, audio, translation, marketing, warranties and personal information.
- Build an AI rights schedule. List training, RAG, summaries, interactive experiences, narration, translation, artwork, editing and marketing separately. Add any use specific to your work.
- Choose the default. State that unlisted AI uses are reserved, or explain why a broader grant is justified.
- Set approval gates. Identify the person who approves systems, samples, outputs, attribution and public disclosures; set response deadlines and a rule that silence is not consent.
- Negotiate economics. Insert the revenue base, allocation, percentage or fee, statement frequency, audit rights, payment date and advance treatment.
- Negotiate safeguards. Cover vendors, training opt-outs, security, personal information, retention, deletion and incident notices.
- Resolve expiry. State what happens to models, indexes, embeddings, cached outputs, products and revenue after the term.
- Check contributor rights. Obtain compatible permissions from co-authors, illustrators, translators, narrators and photographers before promising a publisher any AI use.
- Review governing law. Have a qualified publishing or intellectual-property lawyer or an applicable author organization examine the final language.
Legal context: what current guidance does and does not answer
The U.S. Copyright Office’s January 29, 2025 summary says that AI-assisted works and works containing AI-generated material are not automatically excluded from copyright protection. Protection depends on sufficient human-authored expressive elements, and mere prompts are insufficient. That summary concerns U.S. copyrightability; it does not decide the effect of every contract clause, ownership question or training use, and it is not a worldwide rule.
The Society of Authors’ June 2025 practical guidance is UK-oriented. It advises authors to control whether and how AI accesses their work, style and voice and recommends bespoke advice because the area is complex and changing. Do not assume that its legal characterization, or a U.S. position, applies identically in another territory.
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Failure: one sentence for every AI use
Fix: Replace “AI purposes” with a schedule naming systems, acts, material, outputs, term and territory.
Failure: treating 5% as a rule
Fix: Describe the Guild’s “a de minimis/5%” wording as a bracketed negotiation example and choose a threshold that fits the manuscript and governing law.
Failure: assuming internal tools are harmless
Fix: Prohibit external training, derivative products, onward licensing and uncontrolled vendor retention; require security and human review.
Failure: leaving payment to subsidiary-rights boilerplate
Fix: Define receipts, allocation, statements, audit, payment timing, advance offset and post-expiry income.
Failure: saying “credit the author” without a location or format
Fix: List book formats, product pages, marketing, licensed extracts and reader disclosures, with an approval process for wording.
Failure: ignoring contributors
Fix: Confirm that every co-author and rights holder has granted compatible permissions and receives any required credit or payment.
When to obtain specialist advice
Get contract-specific advice before signing an all-rights transfer, an exclusive AI license, a training deal, a voice or likeness permission, or a clause covering personal information. Specialist review is particularly important when the publisher operates across countries, when a model may continue after the term, when the deal includes warranties or indemnities, or when several contributors share the work.
Use the Authors Guild model clauses, the Society of Authors guidance and the U.S. Copyright Office summary as issue-spotting materials. They help you ask precise questions; they do not replace advice on your contract’s governing law.
Frequently Asked Questions
Can my publisher use my book to train an AI model if the contract says it owns copyright?
Not safely by implication. Check whether the agreement expressly grants training or other AI rights and whether any intended reservation survives an all-rights transfer. If training is not listed, seek a written clarification or amendment before allowing it.
How do I stop a publisher uploading my manuscript to a chatbot?
Exclude consumer-facing uploads and external model training, then require written permission, training opt-out settings, personal-information limits, security controls, retention limits and deletion for any approved upload.
Should I disclose AI-generated text in my manuscript?
Follow the contract’s defined trigger and procedure. Negotiate whether disclosure covers inserted generated text, heavily edited output or any assistance. A bracketed “de minimis/5%” example in the Authors Guild model is not a universal standard.
Can a publisher use AI for audiobook narration or translation?
Only if the contract separately permits it or you later consent. Specify the system, sample approval, human review, credit, error responsibility, reuse and payment.
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Specify the revenue base, allocation, author share or fee, reporting, audit rights, payment deadline, advance offset and income from continuing model or output use. Suggested splits in model clauses are proposals, not fixed market rates.
The Bottom Line
Negotiate AI as a list of specific rights, not a blanket permission. Reserve anything unlisted, require approval and safeguards for uploads and production uses, define attribution in every format, and write the economics and post-expiry rules into the contract. Have qualified counsel check the final wording under the governing law.
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