A group of publishers and authors have filed a class action lawsuit against Google, accusing the tech giant of using their copyrighted works to train its AI platform, Gemini.
The group of plaintiffs, which includes Hachette, Cengage, Elsevier, author Scott Turow, and S.C.R.I.B.E., also alleges that Google intentionally removed or changed copyright information on these works to “conceal… that its Gemini Models were trained on stolen materials,” according to the lawsuit.
This lawsuit is just one of many complaints that publishers, authors, and other copyright holders have filed against AI companies such as Google, Meta, OpenAI, and Anthropic.
While many of these lawsuits are still pending, two early court decisions in California have favored the AI companies, ruling that the use of copyrighted works for AI training is considered “fair use” under U.S. copyright law that has not been updated since before the existence of the internet.
Anthropic was, however, fined $1.5 billion for pirating the works it trained on, marking the largest payout in the history of U.S. copyright law. Around half a million writers were eligible for payments of at least $3,000. However, many authors opted out of receiving the settlement so that they could pursue further legal action over AI training.
The California judges’ decisions don’t bode well for how other courts may view the tech companies’ fair use defense, but the conflict is too nuanced for these rulings to establish an inarguable precedent. The lawsuit against Google was filed in the U.S. District Court for the Southern District of New York, giving a different judge the opportunity to weigh in.
In the Google case, the publishers have a more nuanced, long-term relationship with the company. The lawsuit explains that publishers and authors have a long history of providing Google with copyrighted works for the specific purpose of making books searchable through Google Books. These search results do not allow users to view entire books. Instead, they provide access to short snippets of the book along with bibliographic information. The plaintiffs claim that Google trained Gemini on copies of these books, as well as books uploaded to the Google Play store, even though it never received permission to do so.
“Google illegally copied works from all these scope-limited programs for AI training, knowing it lacked authorization to do so,” the lawsuit reads.
The plaintiffs also cite an internal document from Google that allegedly states that using copyrighted books for AI training could be “highly problematic for Google” and might result in “$10Bs-$100Bs in potential fines.”
Google did not immediately respond to a request for comment.
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