Anthropic Effect on Legal Publishing: Takeaways From the Landmark Settlement

What lessons can CLE publishers learn from Bartz v. Anthropic, the largest case settlement in copyright history? While its theory of damages was centered in the piracy of copyrighted books, these accounted for only a fraction of the content at issue in the case. With regard to "lawfully" acquired works, the decision in Anthropic stretched traditional doctrines of fair use and transformative use almost beyond recognition. Anthropic and cases like it are signaling a need for higher levels of vigilance as to the provenance of our content, while calling for new protections in the licensing language we craft. Let's break it all down together!