The more advanced technology becomes, the more complex the legal issues associated with it become as well. Intellectual property law is a booming niche in the legal industry. Generative artificial intelligence (GenAI) is a useful tool in the modern world. Business owners, students, artists and even authors use it to create content. In fact, you can write a best-selling novel using GenAI. If you were to do so, however, do you own a copyright to the work? You might be surprised to learn that at least one federal district court has ruled that AI-generated text is not eligible for copyright protection.
The court ruled that the fundamental premise of a copyright is human authorship. Since GenAI is computer-generated, a human author is not involved. Computers cannot own things. You can imagine how complicated legal proceedings can become regarding this topic. For instance, what if you wrote three-quarters of a novel, then used GenAI to write the final chapter? Or perhaps you created the text of a novel using AI-generated content but illustrated the book yourself or hired a (human) illustrator. This is where the legal waters get murky.
Owning a device or system that creates AI-generated content
A district court in Washington D.C. ruled against a plaintiff who created AI-generated artwork. The plaintiff argued that, since he owned the AI system that created the work of art, he, by default, also owns the artwork itself. The court disagreed, stating that the U.S. Copyright Act only protects human beings who have authored or created content. While the plaintiff owned the AI system, it was the system that created the work, which, the court explained, does not make him (the plaintiff) eligible for copyright protection.
Authors should label their work when using AI
Many people believe that ethics are a primary concern regarding authors who use AI-generated content to sell books. Such people say that authors owe it to their readers to inform them when a story has been partially or fully created using artificial intelligence. The Copyright Office has issued statements saying authors, artists, etc., are obligated to disclose their use of AI-generated content when registering for copyright protection.
Should you avoid using AI to write a book?
GenAI is not going away. It can be helpful in many ways. If you’re an author or hope to become one, you must determine where you stand on the issue. You might also want to discuss the topic with several publishers. Some publishers prohibit the use of AI entirely and will not accept manuscripts for consideration that contain AI-generated content. Others allow it, provided the author has included a disclosure. What are your thoughts on using GenAI to write books and create artwork? Do you think such work should be eligible for copyright protection?
