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Put the AI deal in the contract’s rights grant, not in an informal policy or email. State whether the publisher may use your manuscript to train generative-AI systems, generate summaries or other outputs, upload it to consumer-facing tools, edit it with AI, sublicense those uses, or create AI-assisted editions. Reserve every use you do not grant, require written permission for sensitive uploads and major edits, and specify payment, reporting, safeguards and remedies.
The exact effect depends on the complete agreement, applicable law and your negotiating circumstances. The Authors Guild’s clauses are proposed negotiation language, not settled law or a term every publisher accepts. A publishing-contract lawyer can assess the wording of your particular deal.
Read the entire rights grant before adding an AI sentence
An AI paragraph cannot safely be read in isolation. Check the copyright grant, subsidiary-rights clause, data-mining or research language, internal-use permissions, adaptation rights and sublicensing provisions together. A broad “all rights” grant may already give the publisher arguments for uses that a short AI reservation appears to exclude. The Authors Guild notes that an all-rights deal transfers copyright ownership and recommends an express reservation of the AI rights you want to retain.
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A baseline reservation with an internal-tools carve-out
The Authors Guild’s model language provides a useful starting point. It reserves training and AI-output rights while allowing ordinary internal operations:
“For avoidance of doubt, except as expressly provided for in this Agreement, Author reserves the rights, and Publisher acquires no rights to, reproduce, distribute and/or otherwise use or create derivative works of the Work, or to sublicense any of the foregoing, for purposes of training generative artificial intelligence technologies (AI) or for use in any AI outputs; provided that Publisher may use the Work without the Author’s consent or approval in connection with internal AI-powered tools and technologies utilized in the normal course of Publisher’s internal operations (including but not limited to improving the marketing, advertising, and searchability of the Work).”
This is Authors Guild model language, not an automatic industry rule. Decide whether the internal-tools exception is acceptable. If it is, define the permitted systems, purposes and people who may access them; if it is not, remove or narrow the carve-out.
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If you are willing to license some AI uses, list them one by one. “AI rights” can mean fundamentally different activities: training a model, retrieving passages to answer a user, generating a summary, producing marketing copy, translating the book, narrating an audiobook or creating an interactive product. A permission for one activity should not silently become permission for all of them.
| AI use | What the contract should identify | Controls to negotiate |
|---|---|---|
| Model training | Whether the publisher may reproduce the work as training data, which systems and models are covered, and whether the permission applies to future models | Express consent, a defined term and territory, no further training by vendors, records of use and a termination or withdrawal mechanism if negotiated |
| Retrieval, summaries and answers | Whether a system may retrieve the work to produce summaries, quotations, answers or other outputs, and which editions and formats are included | Approval of the product, attribution rules, safeguards against unauthorized copying and reporting of the service and receipts |
| Internal AI tools | The tools, business purposes and publisher personnel or contractors covered by the permission | Use only in ordinary operations, no external training, access controls, deletion rules and confirmation that vendors are bound by the same restrictions |
| Sublicensing and adaptations | Which affiliates, licensees or platforms may exercise the right, for which work and formats, and for how long | Prior approval or notice, pass-through obligations, accounting and a limit on sublicensing beyond the named use |
The Guild’s model clauses use these categories and a subsidiary-rights structure as drafting prompts. They do not establish a universal duration, territory, approval process or royalty rate, so those details must be negotiated for your agreement.
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Put money, accounting and the advance treatment in writing
Do not assume that an AI license has an automatic market rate. The Authors Guild explains that AI-license income would typically be applied against an advance under ordinary royalty treatment unless the contract says otherwise. You can instead negotiate direct payment, or account for the AI rights in the advance itself.
Specify the financial mechanics, not just “additional compensation.” The clause should say:
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- how a payment is allocated when a license covers several books, formats or authors;
- when statements and payments are due and what records you may inspect;
- whether the publisher may deduct commissions, expenses or reserves;
- how sublicensing income is passed through; and
- whether the right ends, is renegotiated or remains in force if the publisher does not pay or report.
No standard commission or percentage is established by the cited guidance. Treat any number offered by a publisher as a deal term requiring its own definition, not as a customary entitlement.
Control uploads to consumer-facing AI systems
A publisher may want to upload a manuscript or your personal information to a consumer-facing system to obtain a summary, assessment or marketing copy. Make written permission a condition of that upload, and distinguish consumer services from a controlled internal system. Ask who operates the service, where data is stored, how long it is retained, who can access it and whether prompts or files can be used to train the provider’s models.
The Authors Guild proposes this language:
“Publisher shall not upload the Work or any of Author’s personal information to consumer-facing AI systems for purposes such as generating summaries, assessments, or marketing copy without written permission from the author or as otherwise agreed to hereunder; and when such permission is granted, it shall ensure that the manuscript is not used by third-party AI companies for training, such as by opting out of allowing training in user settings.”
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That model clause makes the no-training safeguard part of the permission. You can add requirements for encryption, deletion after the task, a prohibition on retaining prompts and files, and written confirmation from contractors or vendors. Decide whether permission is project-specific or can be reused for later editions.
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Editing changes the text you are delivering, so distinguish mechanical checking from substantive rewriting. The Guild’s proposed wording states:
“Publisher agrees and warrants that it will not use AI to substantially edit a manuscript (excepting the use of basic spelling and grammar-checking applications).”
This is proposed model language, not a universal publishing rule. Your clause can address AI-assisted copyediting, developmental editing, translation and style changes separately. State whether each use requires your prior approval, disclosure in the book, human review, a chance to inspect revisions or a right to reject changes. If basic spelling and grammar tools are allowed, define whether the exception covers punctuation, consistency checks or automated style suggestions.
Treat translations, audio, artwork and interactive products as separate rights
AI-generated translation is not the same right as text training. Voice cloning or synthetic narration raises different consent and performance issues from an ordinary audiobook license. Cover and interior artwork involve visual rights, while a “chat with the book” product may combine retrieval, summaries and user-generated outputs. Name each format and product rather than allowing a general “derivative works” phrase to do all the work.
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The Authors Guild’s publication-section guidance includes model language seeking express author approval before AI-generated cover or interior artwork. It contemplates a human designer using AI as a tool under conditions in the proposed clause. If you accept that approach, specify who approves the final art, what disclosure is required and who bears responsibility for infringement or inaccuracies.
For translations, narration, voice replication and interactive services, address approval, human supervision, attribution, quality standards, takedown rights and compensation. Also state whether the publisher may use a licensed AI output in advertising or on a platform unrelated to the edition you approved.
Clarify what you may do with AI as the author
Your contract should not only regulate the publisher. Say whether you must disclose AI assistance, what uses are permitted and whether you can be required to submit or revise generated text. The Authors Guild’s Model Trade Book Contract, section 7, says the author is not required to use generative AI and includes proposed disclosure language and a bracketed limit for AI-generated text. A bracketed percentage is sample drafting, not a universal threshold.
Check publisher-specific rules as well. The Guild’s AI best-practices guidance advises authors to ensure any AI use is consistent with originality representations and warranties. Your contract can require you to identify tools and purposes in a separate disclosure, prohibit submission of generated text, or permit limited assistance such as brainstorming. Make sure the rule is workable for revisions, copyedits and future editions.
Reconcile the contract with publisher policy
Publisher policies can impose duties even when the contract is silent, but a policy is not a substitute for negotiated rights language. Elsevier’s official policy for books and commissioned content, updated July 2026, says authors who use AI or AI-assisted tools during writing should disclose the use in a separate section naming the tool and purpose. It says AI tools do not qualify as authors, authors remain responsible, direct use of AI-agent output as manuscript text is not permitted, and AI-generated or altered images are restricted subject to specified research-method exceptions. Read the current Elsevier policy alongside your agreement and ask which document controls if they conflict.
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Make the limits enforceable
A promise is difficult to enforce if it does not identify the people and systems covered. State whether restrictions bind employees, freelancers, editors, affiliates, distributors, cloud vendors and sublicensees. Require the publisher to impose equivalent terms downstream and to keep a record of uploads, model uses, permissions and payments.
Choose practical remedies. Depending on the deal, you might request prompt notice of a suspected breach, access to relevant records, correction or deletion of improperly uploaded material, suspension of the offending use, a right to terminate that AI license, and recovery of unpaid sums. Ask who must certify that a vendor has opted out of training and how quickly the publisher must notify you of a security incident or unauthorized use. The Guild’s baseline model permits internal AI tools for ordinary marketing, advertising and searchability, so define that exception narrowly enough that it cannot become an untracked external license.
Use a clause-comparison checklist
When a publisher sends alternative wording, compare each version against these questions:
- Rights and uses: Does it cover training, outputs, retrieval summaries, internal tools, adaptations and every format you care about?
- Consent: Is your written approval required, and can the publisher reuse one approval for later projects?
- Data handling: Are consumer uploads, retention, access, deletion and no-training safeguards explicit?
- Editing and disclosure: Are substantive AI edits prohibited or reviewable, and are your own disclosure duties clear?
- Sublicensing: Are affiliates, contractors and platforms named, with a defined term and territory?
- Payment: Are receipts, allocation, statements, audit rights and advance treatment specified?
- Enforcement: Are notice, records, deletion, suspension and termination remedies available?
A practical negotiation sequence
- Mark the rights grant. Highlight “all rights,” data-mining, research, internal-use, adaptation and sublicensing language before proposing an AI paragraph.
- Make an AI-use inventory. List training, retrieval answers, summaries, marketing, editing, translation, narration, voice replication, artwork and interactive products separately.
- Choose your position for each use. Reserve it, permit it only with written approval, or license it under defined scope, payment and safeguards.
- Attach operational terms. Name systems or vendors where possible; otherwise require equivalent no-training, retention, security and deletion obligations.
- Set the financial rule. Decide whether receipts are royalty income, a separate payment or part of the advance, and require statements and records.
- Align author obligations. Reconcile disclosure, originality warranties and any prohibition on generated text with the publisher’s policy.
- Have counsel review the final wording. A lawyer can test whether the AI clause is overridden by another grant, whether remedies work under governing law and whether the rights you reserved were actually retained.
Red flags that need clarification before signing
- A clause grants “all technologies now known or later developed” without naming training, outputs, uploads or payment.
- An AI permission appears in a policy that the contract does not incorporate or that the publisher can change unilaterally.
- “Internal use” has no definition and could include a vendor’s public product or model training.
- The publisher may sublicense AI rights indefinitely but has no reporting, approval or audit duty.
- AI editing is allowed without distinguishing spelling checks from substantive rewriting or translation.
- Your originality warranty is broad while the agreement gives no clear rule for your own permitted AI assistance.
- Artwork, narration, translation or interactive features are treated as automatically included in a general derivative-rights grant.
Use model clauses as negotiation aids, then make the final agreement internally consistent. The safest contract states exactly what the publisher may do, what remains yours, how data is protected, how you are paid and what happens if either side crosses the boundary.
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