Decision Upheld on Friday…
Here in the States, and in different forms in Europe and other countries as well, all forms of AI generated art and text cannot be protected under copyright law and the Berne Convention and thus hold no copyright.
You can’t own it. No one does.
Last March the copyright office issued decisions on that, and a Federal judge on Friday stood with the copyright office.
This is an oh-oh of major proportions for any of you using AI for art or text. To own a piece of work, it must have human creativity.
You have an AI cover on one of your books and yet you agreed to the terms of service of Amazon when you put it up that you controlled and owned the rights to that book. Amazon discovers that you do not own the rights and your account can be shut down.
Same with text. You don’t own your story if you used AI text to create it or even a part of it. Even Kickstarter is forcing you to declare if you used AI in anything in a campaign and if you lie, you will get kicked off the site.
Notice I said lie? That’s what the laziness and theft from other authors and artists is causing some writers to do.
That’s right, if you are using AI art or ChatGPT before all this gets settled, you are stealing from other writers and artists and not paying them for their work.
As one site called it, there is a “lawsuit tsunami” against ChatGPT and its owner and creator, and not really a smaller wave against AI art programs. Basically the inventors are all claiming “fair use” as one excuse to go out and take author’s and artist’s work and use it for free. Lawsuit hell. And not a bit of it is settled yet.
But with the ruling on Friday backing up the copyright office that there must be a human creating the copyright, that stuck a bunch of indie writers in really bad spots. They don’t own what they are doing with AI and thus can’t license it to anyone who demands in their contracts or terms of service that they are the author and owner of the work.
I know you want to climb on board the shiny new toy, but by doing so you are stealing other writers’ and artists’ work. Just write your own stuff, license art so the artist gets paid.
And for heaven’s sake, please, please don’t tell me you have been using it in a letter or comment. I do not like thieves and I don’t want to lose respect for you.