Black Inc’s AI Contract Sparks Outrage Among Writers and Agents: A Subtle Yet Growing Cankerworm in Africa's Publishing Sphere?

Australian publisher Black Inc Books has come under fire from authors and literary agents after asking writers to sign agreements allowing their works

Australian publisher Black Inc Books has come under fire from authors and literary agents after asking writers to sign agreements allowing their works to be used for training artificial intelligence (AI) systems. The publisher set a tight three-day deadline, requiring authors to decide whether to opt in or out of the agreement. If they opt in, Black Inc gains the right to reproduce, adapt, and exploit their works in connection with AI software development. Despite the optional nature of the agreement, the proposal has still raised concerns among some writers, particularly due to the short notice, lack of transparency, and potential ethical implications. In exchange for their consent, writers were promised a 50/50 revenue split—a deal many find problematic. 

Writers have voiced strong objections to the proposal. Laura Jean McKay, author of Holiday in Cambodia, described the situation as being asked to "sign our own death warrant," criticizing the lack of prior discussion and the unregulated nature of AI in publishing. Similarly, journalist Hamish McDonald, who has an upcoming book with Black Inc, was taken aback by the abrupt request and is seeking more information before making a decision.

Literary agents have also condemned the move. Lyn Tranter, owner of Australian Literary Management, called the rushed timeframe perplexing, emphasizing the need for thorough consideration before signing such agreements. The Australian Society of Authors (ASA) labeled the request as "outrageous," questioning why authors were being rushed into a decision without clear details. The ASA further disputed the 50/50 revenue split, advocating instead for a 75/25 division in favor of authors, aligning with the US Authors Guild’s recommendations. The ASA argues that authors' original expressions and ideas are the most valuable assets in AI training, and if their work is to be used, they should be fairly compensated.

One of the biggest red flags in Black Inc’s proposal is the undisclosed AI company it plans to collaborate with. The publisher has only referred to its partners as "reputable" but has provided no concrete details. This lack of transparency has further fueled unease among authors, many of whom are bound to Black Inc by existing contracts and now face uncertainty about how their work will be used in AI development.

Despite the controversy, some writers are open to the idea. Nicole Haddow has agreed to opt in to the deal, allowing her books, Smashed Avocado and The Ethical Investor, to be used in AI training. She believes that AI will not replace human writers but rather serve as a useful tool in the writing process. Additionally, she sees the agreement as an opportunity to generate extra income by working with AI companies.

Could This Happen in Africa?

The controversy in Australia raises concerns for writers worldwide, including those in Africa, where AI regulations in publishing remain largely undefined. Many African nations, lack specific legal frameworks addressing the use of AI in literature and intellectual property. This leaves authors vulnerable to potential exploitation, as publishers and tech companies might incorporate their works into AI training without author's permission, clear guidelines or fair compensation. 

The Black Inc controversy serves as a wake-up call for writers globally. It highlights the urgent need for comprehensive AI laws in publishing, ensuring that authors are not sidelined or deprived of their rights in the rapidly evolving landscape of artificial intelligence. 

—Ajayi Oluwabukunmi 

Content Writer.