The Surprising Truth About “No AI Scraping” Notices: Are They Really Shielding Your Creative Work?
Bottom line: It’s a whirlwind right now. The New York Times case may well decide against the Fair Use defense to copyright infringement. In the alternative, the court may rule in favor of Open AI, but allow the case to proceed on the breach of contract / scraping claim.
It takes a LOT of money to litigate these cases – which is one reason why the Anthropic case was certified as a class action (multiple plaintiffs similarly situated).
There’s no easy answer. It’s your call, but I recommend you need to ensure the likelihood that the bot or AI company doing the scraping has actual or constructive notice of your prohibition. My take is that you place a broad Terms of Use on the Copyright Page / Scraping Prohibition along with a footer interspersed throughout your novel. The copyright page alone isn’t enough.
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