The Bartz Class Counsel filed a status report late Friday. Two items to note:
(1) So far, 58,788 out of 482,460 works (12.2%) have been subject to claims for the payout. UPDATE: I have done further research with comparison to participation rates in other cases. 12% participation rate is a decent, respectable start, already within the range of consumer class action settlements. Ideally, I think the Class Counsel will want to try to increase the rate as much as possible before the Fairness Hearing in April 2026 (which might be before a new judge if Judge Alsup goes inactive).
The Class Counsel say: “While ongoing auditing and verification is needed to confirm claim validity, the early response to the Settlement shows that the claims process is accessible and manageable, and that class members are informed and engaged.”
If you believe you have a book in the class downloaded by Anthropic, here’s the site to (1) search if your work is on the list and (2) enter your claim.
(2) Also, “The parties respectfully request that Theo Cheng, a fulltime arbitrator and mediator, be appointed to serve as Special Master, rather than Naomi Jane Gray, to avoid the appearance of a potential unforeseen conflict. Mr. Cheng has herewith submitted a declaration setting forth his qualifications and the absence of any conflict, attached as Exhibit G. Both Plaintiffs’ and Anthropic’s counsel agree to the appointment of Mr. Cheng.”
UPDATE: I researched some class participation rates from other areas of law. And it looks like the participation rates vary dramatically depending on the nature of the lawsuit.
- Consumer class actions: median rate of 9% (per FTC survey)
- Facebook data privacy class action: 22% (*per Law36 but unclear how this % was compauted) (about 28 million made claims per Kiplinger)
- 3M Combat Earplugs Settlement mass torts/personal injury: 99% (or 250,000 claimants) (per 3M)
- Securities class action: under 1% to below 10% (per Mayer Brown study)
- Others
According to 2 McLaughlin on Class Actions s. 6:24 (Oct. 2024 update): ““Claims-made settlements typically have a participation rate in the 10–15 percent range. Indeed, in the consumer class action context a claim participation rate as low as 3 percent is not unusual and does not suggest that the settlement is inadequate or unfair.”
So what happens if your work is in the class and you don’t file a claim and don’t opt out?
Short answer = you lose your claim to the money or payout of $3,100 per book. And you can’t sue Anthropic again.
So, if you are an author whose work is in the class, you must either (1) file a notice to opt out of the class by January 7, 2026 thereby preserving your right to sue Anthropic on your own, or (2) file a claim by March 23, 2026 with your book information to get your money. If you do nothing, you won’t get any money and you will give up your right to sue Anthropic in the future for the same activity covered in the settlement.
Objections: If you are a part of the class, you may also object to the Settlement even if you file a claim for money. “You may object to the Settlement by January 7, 2026 by writing to the Court and informing it why you do not think the Settlement should be approved. You will still be bound by the Settlement if it is approved.”
If you opt out of the class, you may not object to the Settlement.
Information on how to opt out
I’ve copied below the information from the class website if you’d like to opt out:
To opt out, you must submit an opt-out request to the Notice Administrator via mail or email. To be valid, an opt-out request must:
anthropic copyright settlement website
*be in writing;
*identify the case name, Bartz v. Anthropic PBC, No. 3:24-cv-05417-WHA (N.D. Cal.);
*state your full name and current address;
*identify the specific work(s) from the Works List that you seek to opt out, including title, author, U.S. Copyright Office Registration Number, and ISBN/ASIN for each work;
*describe your copyright interest in the work(s);
*contain the statement that “I hereby request to be excluded from the proposed Class in Bartz v. Anthropic PBC, No. 3:24-cv-05417-WHA (N.D. Cal.). I certify under penalty of perjury that all the information I have provided on this form is true and correct.”;
*provide the name and contact information for any other persons who may be a legal or beneficial owner of the right to reproduce the work;
*be signed by you or your authorized representative; and
*be postmarked or received by the Settlement Administrator by January 7, 2026.
If you have any questions about how to opt out, you can get personal assistance by calling 877-206-2314, by emailing info@AnthropicCopyrightSettlement.com, or by contacting any of the lawyers listed in response to FAQ 37.
If you choose to mail your opt-out request, it must be postmarked no later than January 7, 2026. If you submit an opt-out request via email or fax, it must be received by January 7, 2026.
Declaration of Theo Cheng