In the aftermath of the recent Anthropic Settlement (more information here), many writers are making a reassessment of the necessity and value of copyright registration. Claiming a share of pay-out from the settlement is 100% dependent on having a work registered with the U. S. Copyright Office in a timely fashion. It’s relatively easy to register a work with the Copyright Office and doing so can guarantee the right to receive statutory damages in infringement lawsuits and settlements.
These writers may be overlooking another significant factor in making a class action claim – whether the work’s rights have been reverted to the author.
Under the definitions on the Anthropic Settlement website, there are two types of rightsholders who may make a claim – those who have received publishing rights by contract (generally, the publishers) and those who have licensed those rights (generally, the authors). While this breakdown is very common for traditionally published books, there are many exceptions. Self-publishers, for example, own their rights 100% because they’re both the publisher and author. (For these works, Amazon is a distributor and owns no publishing rights.) Another important exception is for works that originally had a publisher but have gone out of print and have had their rights returned to the authors (rights reversion).






