When AI Is No Longer Above the Law: Zakes Mda’s Big Win & What It Means for Creatives
It’s a headline that’s got creatives buzzing: South African legend Zakes Mda is among the authors who will get a slice of a $1.5 billion settlement after a U.S. court found his works (and those of others) were used without permission by AI models.
This isn’t sci-fi—it’s real, and it’s shaking up the rules of the game.
What Happened?
- In the class action Bartz v. Anthropic, authors alleged that Anthropic (maker of the AI model Claude) used pirated e-books from shadow libraries (like LibGen) to train its models—without permission. (The Citizen)
- The court made a nuanced ruling: lawful use of books might be “transformative” (i.e. fair use), but copying pirated works into a “central library” for AI training wasn’t. That portion was deemed a copyright violation.
- As a result, authors whose works were used improperly will share in the $1.5 billion settlement—not just a token gesture but a recognition that creative work has value, even in the age of machines.
- Mda confirmed that six of his novels were used, including The Heart of Redness, The Madonna of Excelsior, The Whale Caller, She Plays with the Darkness, Sometimes There Is a Void, among others.
- He’s careful to say: “Don’t be deceived by the billions … They are shared by many writers in the US.” But “however little, I will be compensated for each of the books that were used.”
Why This Win Is a Big Deal for All Creatives
It validates that your creations can’t be casually “mined.” Whether you write, act, direct, sing, voice, or design, your work has copyright protection—even in AI’s reach.
It draws lines in the digital sand. Yes, we can use AI tools, but not at the expense of stealing IP. The ruling reminds platforms and AI developers: creators come first.
It gives legal precedent. While the case is in the U.S., it pressures global jurisdictions (including South Africa) to modernize copyright law for digital content, AI, and cross-border misuse.
It opens the door for more claims. Other authors and creators whose works were misused may now come forward. The settlement isn’t exclusive—it sets a path.
It empowers creators to negotiate smarter. Contracts, licensing deals, usage of AI models—all will now require sharper legal guardrails. (Yes, that means your future agreements will have AI clauses.)
What South African Creatives Must Ask Now
- Update your contracts. Include express terms about AI, model rights, reuse, and derivative works.• Register and catalogue your works. Know your IP, document your versions, and maintain evidence.
- Stay vigilant for misuse. If you see your writing, voice, image, or performance used by AI or platforms without credit or compensation, act.
- Push for local legal reform. South Africa’s Copyright Act (1978) needs updating to deal with AI, fair use, cross-border claims. Mda himself asked: “What about South African writers?”
- Educate your peers. Share this victory. The more creators know their rights, the stronger the collective legal backbone.
KingClip Cheers to the Future
Zakes Mda’s case is more than a victory for one author — it’s a signal flare to the creative world: your imagination has value even to machines. For KingClip’s actors, musicians, voice artists and storytellers: protect your craft, demand your rights, and n ever let your art be reduced to “data input.”
Because in a world leaning into AI, real human creativity is not obsolete—it’s essential. Let this win empower you to take your next contract, next audition, next script with courage. The future’s clever—but we are creative.
