Court rules that Zakes Mda's books were used in AI training without permission, resulting in an R27.5 billion victory
HISTORIC CLASS ACTION
Zakes Mda and fellow authors secure a landmark $1.5 billion settlement against AI company Anthropic.
Image: Picture: Maureen Isaacson
It has been confirmed by renowned South African author Zakes Mda that he is one of several authors who prevailed in a historic class action lawsuit in the United States against the artificial intelligence firm Anthropic for using their works to train AI models without permission.
Regarding the result, Mda stated that he disclosed a few months prior that his and Nadine Gordimer's novels were used to train AI without their consent.
"We did sue and there was a case they call class-action in the USA called Bartz v. Anthropic, which we, fellow writers whose books were used without our permission, won," he said.
A $1.5 billion (R25,745,805,000) settlement was reached as a result of the case, which was brought by a group of writers that included several well-known authors.
Mda said he was informed of the development through his literary agents in London.
"There was a major copyright lawsuit in the US brought by authors against AI company Anthropic for using books without permission to train large language models," they told him. "A settlement agreement was preliminarily approved in September 2025. The settlement would see authors whose US publications have been used by the company to train AI models receive a share of $1.5 billion (R25,745,805,000).
Among Mda's works identified as having been used in AI training are: The Heart of Redness, The Madonna of Excelsior, The Whale Caller, She Plays with the Darkness, and Sometimes There Is a Void: Memoirs of an Outsider.
Reflecting on the revelation, Mda added: "Damn! I didn't know of my contribution in the development of AI. But the only reason I am telling you this story is to ask the question: what about our South African writers?"
He questioned whether South African law provides any recourse for local authors whose works may have been used without permission, adding that it remains unclear if the 'fair use' doctrine protects their intellectual property in similar cases.
"Don't be deceived by the billions. They are not all coming to me. They are shared by many writers in the USA. But at least, however little, I will be compensated for each of the books that were used."
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