279 What Authors Should Know About Using AI-Generated Content

AI has influenced the writing and publishing world for years through tools like Sky247 Login, Grammarly, and other editing tools that use large language models. However, the recent public release of ChatGPT, and the subsequent media storm, have brought AI to the forefront. The use of natural language processing tools like ChatGPT, and AI-based graphics generators like Midjourney, has significant implications for the writing and publishing world in terms of intellectual property rights, copyrights, and a host of related issues.

Though comprehensive regulation regarding the use of AI-generated content has yet to be passed by national legislative bodies, some guidelines have been put in place to govern the use of AI with respect to copyrights. The US Copyright Office published guidelines to address the registration of materials generated by AI on March 16, 2023. In addition, some private organizations, like some sponsors of writing contests and awards, have established policies restricting entrants that have used AI in the production of their submissions. As of July 2023, Amazon KDP and IngramSpark do not have official policies about publishing AI-generated work or the use of AI by authors publishing through their platforms.

Until regulations and policies are established by official sources, we offer the following guidelines for authors to consider when using AI-generated content.

• Only works created by human authors are eligible for copyright protection.
• AI-generated material cannot be protected under copyright law.
• Work that combines human creativity with AI-generated material may be copyrighted if the human author’s contribution is significant and identifiable.
• The Copyright Office will examine specific works to determine if the human contribution is substantial enough.
• When applying for copyright registration, authors must disclose the use of AI-generated material in the application, including the identification of the tools, algorithms, and underlying data sets used to generate the material.
• If AI-generated material in based on existing copyrighted content, the creator must obtain permission from the original copyright holder.
• “When an AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response, the ‘traditional elements of authorship’ are determined and executed by the technology—not the human user,” and the work is not eligible for copyright protection.
• The policy does not mean that technological tools cannot be part of the creative process. A visual artist who uses Adobe Photoshop to edit an image remains the author of the modified image.
• Regarding literary works and visual art, Founders Legal Services provides the following example cases:
• AI-generated literary works, such as stories, articles, or poems, may be protected if a human author has made significant and original contributions. Examples include developing the plot, characters, or themes, or making extensive edits to the AI-generated text.
• Visual artworks that incorporate AI-generated elements, such as paintings or photographs, can be protected if the human author’s contribution is significant and original. This may involve selecting, arranging, or modifying AI-generated elements to create a unique, cohesive work.

APPROPRIATE WAYS TO USE AI

Here are some suggestions we can offer on appropriate ways to use AI in writing and publishing.

• Use AI-based tools, like ProWritingAid or Grammarly, to help edit and refine your draft manuscripts.
• Use AI tools like ChatGPT, SudoWrite, etc. to generate draft outlines, brainstorm ideas, rephrase sentences or paragraphs, draft scenes, come up with character names, or other similar activities. You won’t copy and paste these things into your final manuscript but will use them to generate ideas you rewrite for your manuscript.
• Use AI tools like ChatGPT, SudoWrite, etc. to generate ideas for back cover copy, Amazon product descriptions, or ad copy.
• Use AI image generation tools like Midjourney to visualize characters or scenes, draft ideas for book covers you can use to communicate with your cover designer, or create images for ads.
• Use AI image generation tools like Midjourney to create graphic images for your emails or website.

USES OF AI TO AVOID

• Use AI to write major sections of your manuscript (e.g. full scenes or chapters), without rewriting the output in your own words.
• Use AI to intentionally paraphrase someone else’s copyrighted work.
• US AI image tools to incorporate copyrighted or trademarked images into your cover designs or promotional materials. For example, don’t use an image of Mickey Mouse or the Nike swish as part of the prompt for an AI image you plan to use in your publication or promotional materials.
• Avoid using AI-generated images for your cover designs without significant modifications either by yourself or your cover designer.