The Surprising Truth About “No AI Scraping” Notices: Are They Really Shielding Your Creative Work?
AI SCRAPING PROHIBITION
Adding an AI scraping prohibition to your copyright page may be worthwhile. Foremost, if your copyright protection is negated by the affirmative defense of Fair Use, an AI Scraping Prohibition can create separate legal causes of action in various jurisdictions. If your copyright claim defeats the Fair Use defense, such an AI scraping prohibition will bolster a willful copyright breach and can increase your statutory damages.
I would consider placing a scraping prohibition as a footnote or footer on every other chapter’s first page. That footer may refer back to your copyright page with more comprehensive AI scraping prohibitive language. This may ensure that the bot or company involved had actual or constructive notice. The nuances of this approach are covered in the Northwestern University Law Review.
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