Penguin Random House Verlagsgruppe is taking legal action against copyright infringements by AI systems and has filed a lawsuit against OpenAI Ireland Ltd., the provider of the AI chatbot ChatGPT, with the Munich Regional Court. The publishing group claims that the copyrights of its author and illustrator Ingo Siegner in the content of his book series “Der kleine Drache Kokosnuss” (Little Dragon Coconut) have been infringed.
Even in response to simple prompts, ChatGPT outputs content from Ingo Siegner’s copyrighted works in a recognizable form. The chatbot also generates illustrations of the Little Dragon character that closely resemble the original. In addition, ChatGPT proactively suggests the creation of a print-ready manuscript, including an infringing cover and blurbs, as well as specific instructions for uploading to self-publishing platforms.
Impermissible reproduction and public accessibility of content
There are clear indications that Ingo Siegner’s works were used unlawfully to train the AI system and are now stored in the model as so-called “memorization.” This is comparable to storing copyrighted content that the system can reproduce in response to user queries. From the perspective of Penguin Random House Verlagsgruppe, the described output also constitutes impermissible reproduction and public accessibility of content. The publishing group therefore considers the copyrights of its author and illustrator Ingo Siegner, as well as the exclusive usage and exploitation rights of its publishing house Cbj, to have been infringed.
Another aspect of the lawsuit aims to create transparency for readers. Appropriate safeguards are intended to prevent the use of human author names for content that has been predominantly generated by AI.
OpenAI did not respond to Penguin Random House Verlagsgruppe’s request for a cease-and-desist declaration and disclosure of information within the specified deadline. The lawsuit was therefore filed with the Munich Regional Court on March 27.
Protecting copyrights in the age of artificial intelligence
Carina Mathern, Publisher Children’s and Young Adult Books and member of the Executive Board of Penguin Random House Verlagsgruppe, said: “Human creativity is and will remain at the core of our work as publishers. Above all, we are committed to the interests of our authors and creative professionals. We are fundamentally open to the opportunities of AI, but protecting intellectual property is our top priority. With this lawsuit, Penguin Random House Verlagsgruppe aims to help protect copyrights in the age of artificial intelligence and secure fair conditions for creatives.”
