Undawntech: The Creative, Ethical, and Legal Considerations of Artificial Intelligence in the Creative Writing Field

There are different types of artificial intelligence. AI, ASI, ANI, AGI- the acronyms continue to be created in order to name the newest innovations in the software industry.  According to Merriam-Webster, artificial intelligence (AI) is: the capability of computer systems or algorithms to imitate intelligent human behavior.

https://www.merriam-webster.com/dictionary/artificial%20intelligence

Another illustration is (Artificial) superintelligence (ASI), and it is defined as:an entity that surpasses humans in overall intelligence or in some particular measure of intelligence.

https://www.merriam-webster.com/dictionary/superintelligence

If you would like to read the technical aspects of what artificial narrow intelligence, artificial general intelligence, and artificial superintelligence are, then read this article by IBM: What is artificial superintelligence?

https://www.ibm.com/topics/artificial-superintelligence

For the creative mind, artificial intelligence, or AI, has its pros and cons. Drawbacks: some writing agents, publishers, and even story contests have distanced themselves from the AI revolution. These entities will not accept anything AI assisted or produced, so be sure to read the fine print before submitting your creative works. Advantages: AI can help elevate works for better understanding, assist writers with word and grammar choices, and reformat content for a wider appeal.

On the Authors Guild’s site, it has an article called, AI Best Practices for Authors, the uses, misuses, and abuses of AI are discussed. The site also frames the need for disclosure. As a matter of ethics, if a writer uses AI in their writing process, it is best to disclose this fact to their readers, editors, and publishers.

https://authorsguild.org/resource/ai-best-practices-for-authors

There are other angles to the use of artificial intelligence: the contracts writer’s sign. Are you comfortable that a corporation uses your copyrighted work to train their AI systems? Would you find that using your copyrighted content without compensation is beyond the legal jurisdiction for corporations?

What may be the most important part of the writing process is the contractual nature of AI. In the section, Preventing Your Publisher from Using Your Work in AI or using AI to Produce Aspects of Your Book, the writer gives contractual clause examples for authors to use.

“We have drafted a model clause that authors and agents can use in their negotiations that prohibit the use of an author’s work for training AI technologies without the author’s express permission. Many publishers are agreeing to this restriction, and we hope this will become the industry standard.

Keep in mind, however, that this clause is only intended to apply to the use of an author’s work to train AI, not to prohibit publishers from using AI to perform common tasks such as proofing, editing, or generating marketing copy. As expected, publishers are starting to explore using AI as a tool in the usual course of their operations, including editorial and marketing uses, so they may not agree to contractual language disclaiming AI use generally. Those types of internal, operational uses are very different from using the work to train AI that can create similar works or to license the work to an AI company to develop new AI models. The internal, operational uses of AI don’t raise the same concerns of authors’ works being used to create technologies capable of generating competing works.

We have recommended clauses in which publishers agree not to use AI to translate, produce cover art, or narrate an audiobook without the author’s permission. While we have heard that some publishers are rejecting an outright prohibiting of AI use to create translations, cover art, and audiobooks, publishers are sometimes granting authors a right of approval over the translator, design, and narrator of their book, which effectively gives authors control over rejecting AI translation and narration.”

Here is the model clause link: https://authorsguild.org/news/model-clause-prohibiting-ai-training.

The recommended clauses link: https://authorsguild.org/news/ag-introduces-new-publishing-agreement-clauses-concerning-ai.

How you use either or neither is up to the individual author. Artificial intelligence has skewed the creative writing field’s understanding of fair use, fair play, and fair market value forever. To protect copyrights from the AI revolution, the creative field will need to participate in the legislative process and pass laws. Additions to the already corporate copyright definitions will be difficult, especially in asserting individual and independent rights that counter mutlinationals’ demands for dominance. If creators of copyrighted content became a force within the industry, then changes to the current copyright laws could evolve to protect the weekend warrior writer to the mega publishing houses alike.

As writers, editors, and publishers embrace or reject the use of AI, professionals need to stay ahead of the curve creatively, ethically, and legally.