Writers and Editors

This replaces an early version of this post that appeared in June 2018. Updated 5-15-24.

 

See also Artificial Intelligence and Copyright
Artificial intelligence, ChatGPT, Dall-E, and OSINT (open source intelligence)

 

The Basics about AI

• What is AI? Everything you need to know about Artificial Intelligence (Nick Heath, ZDNet, 2-2-18) An executive guide to artificial intelligence, from machine learning and general AI to neural networks.

• What is an Internet bot? (Wikipedia) An Internet bot, web robot, robot or simply bot, is a software application that runs automated tasks over the Internet, usually with the intent to imitate human activity on the Internet, such as messaging, on a large scale.
• What is a bot: types and functions (Digital Guide IONOS UK, 11-16-21) What is a bot, what functions can it perform, and what does its structure consist of? Learn about Rule-based bots and self-learning bots, the different types of good bots, the different types of malware bots, and how they work. What types of attacks can botnets perform?
• ChatGPT (AI) This chatbot launched by OpenAI in November 2022 is being used to write novels, among other things. It has a problem with factual accuracy. See also section on this website on ChatGPT (AI)

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Writers/journalists/creators and artificial intelligence and issues like copyright protection, plagiarism, flaws and inaccuracies, and how frank creators must be about using AI
• FAQs on the Authors Guild’s Positions and Advocacy Around Generative AI
• A crash course for journalists on AI and machine learning (Video, 51 min., International Journalism Festival, 4-7-22)
• Denied by AI: How Medicare Advantage plans use algorithms to cut off care for seniors in need (Casey Ross and Bob Herman, Stat Investigation, 3-13-23, a Pulitzer finalist for a series, For exposing how UnitedHealth Group, the nation's largest health insurer, used an unregulated algorithm to override clinicians' judgments and deny care, highlighting the dangers of AI use in medicine. Read the full series.
• CNET Is Quietly Publishing Entire Articles Generated By AI (Frank Landymore, The Byte, 1-15-23) "This article was generated using automation technology," reads a dropdown description.The articles are published under the unassuming appellation of "CNET Money Staff," and encompass topics like "Should You Break an Early CD for a Better Rate?" or "What is Zelle and How Does It Work?" That byline obviously does not paint the full picture, and so your average reader visiting the site likely would have no idea that what they're reading is AI-generated.

     (H/T to Jon Christian for links to this and next four pieces)
• Google Is Using A.I. to Answer Your Health Questions. Should You Trust It? (Talya Minsberg, NY Times, 5-31-24) Experts say the new feature may offer dubious advice in response to personal health queries.
• CNET's Article-Writing AI Is Already Publishing Very Dumb Errors (Jon Christian, The Byte, Futurism,1-29-23) CNET is now letting an AI write articles for its site. The problem? It's kind of a moron.
• Sports Illustrated Published Articles by Fake, AI-Generated Writers ( Maggie Harrison Dupré, Futurism, 11-27-23) We asked them about it — and they deleted everything.
• CNET's AI Journalist Appears to Have Committed Extensive Plagiarism (Jon Christian, The Byte, Futurism 1-23-23) CNET's AI-written articles aren't just riddled with errors. They also appear to be substantially plagiarized.
• BuzzFeed Is Quietly Publishing Whole AI-Generated Articles, Not Just Quizzes (Noor Al-Sibai and Jon Christian, Futurism, 3-30-23) These read like a proof of concept for replacing human writers--lots of repetition of pet phrases.

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• The AI is eating itself (Casey Newton, Platformer, 6-27-23) Boy, is this post packed with info and insights. The third paragraph alone kept me online for an extra half-hour, following links to more good reading.
• The AI takeover of Google Search starts now (David Pierce, The Verge, 5-10-23) Google is moving slowly and carefully to make AI happen. Maybe too slowly and too carefully for some people. But if you opt in, a whole new search experience awaits.
• Google Rolls Back A.I. Search Feature After Flubs and Flaws (Nico Grant, NY Times, 6-1-24) Google appears to have turned off its new A.I. Overviews for a number of searches as it works to minimize errors.
• AI is killing the old web, and the new web struggles to be born (James Vincent, The Verge, 6-26-23) Generative AI models are changing the economy of the web, making it cheaper to generate lower-quality content. We’re just beginning to see the effects of these changes.
• New Tool Could Poison DALL-E and Other AI to Help Artists (Josh Hendrickson, PC Mag, 10-27-23) Researchers from the University of Chicago introduce a new tool, dubbed Nightshade, that can 'poison' AI and ruin its data set, leading it to generate inaccurate results.
---This new data poisoning tool lets artists fight back against generative AI (Melissa Heikkilä, MIT Technology Review, 10-23-23) The tool, called Nightshade, messes up training data in ways that could cause serious damage to image-generating AI models.
• Godfathers of AI Have a New Warning: Get a Handle on the Tech Before It's Too Late (Joe Hindy, PC Mag, 10-24-23) Two dozen experts warn that 'AI systems could rapidly come to outperform humans in an increasing number of tasks [and] pose a range of societal-scale risks.'

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• How AP Investigated the Global Impacts of AI (Garance Burke, Pulitzer Center, 6-21-23) "When my editor Ron Nixon and I realized that too few journalists had gotten trained on how these complex statistical models work, we devised internal workshops to build capacity in AI accountability reporting....No surprise, FOIA and its equivalents are an imperfect tool and rarely yield raw code. Little transparency about the use of AI tools by government agencies can mean public knowledge is severely restricted, even if records are disclosed.Viewing predictive and surveillance tools in isolation doesn’t capture their full global influence.The purchase and implementation of such technologies isn’t necessarily centralized. Individual state and local agencies may use a surveillance or predictive tool on a free trial basis and never sign a contract. And even if federal agencies license a tool intending to implement it nationwide, that isn’t always rolled out the same way in each jurisdiction."
• AI is being used to generate whole spam sites (James Vincent, The Verge, 5-2-23) A report identified 49 sites that use AI tools like ChatGPT to generate cheap and unreliable content. Experts warn the low costs of producing such text incentivizes the creation of these sites.
• The semiautomated social network is coming (James Vincent, The Verge, 3-10-23) LinkedIn announced last week it’s using AI to help write posts for users to chat about. Snap has created its own chatbot, and Meta is working on AI ‘personas.’ It seems future social networks will be increasingly augmented by AI.

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• AI Art for Authors: Which Program to Use (Jason Hamilton, Kindlepreneur, 12-9-22) There are dozens of AI art tools out there, many with unique specialties. But most would agree that three stand up above the rest:
    Midjourney
    Dall-E 2
    Stable Diffusion.

Hamilton discusses how to access them, what they cost, how they can be useful, and why he recommends them (or not, and what for, illustrated), with a final section on AI art's copyright problems: Are they copying exist art on the collage principle (a little here, a little there), or are they facing legal and copyright problems?
• Artificial Labor (Ed Zitron's Where's Your Ed At, 5-12-23) With the 2023 Writers Guild of America strike, "we are entering a historical battle between actual labor – those who create value in organizations and the world itself – and the petty executive titans that believe that there are no true value creators in society, only “ideas people” and those interchangeable units who carry out their whims...The television and film industries are controlled by exceedingly rich executives that view entertainment as something that can (and should) be commoditized and traded, rather than fostered and created by human beings. While dialogue eventually has to be performed by a human being, the Alliance of Motion Picture and Television Producers clearly views writing (and writers) as more of a fuel that can be used to create products rather than something unique or special....entertainment’s elites very clearly want to be able to use artificial intelligence to write content."

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• The Fanfic Sex Trope That Caught a Plundering AI Red-Handed (Rose Eveleth, Wired, 5-15-23) Sudowrite, a tool that uses OpenAI’s GPT-3, was found to have understood a sexual act known only to a specific online community of Omegaverse writers. The data set that was used to train most (all?) text-generative AI includes sex acts found only in the raunchiest of fanfiction. "What if your work exists in a kind of in-between space—not work that you make a living doing, but still something you spent hours crafting, in a community that you care deeply about? And what if, within that community, there was a specific sex trope that would inadvertently unmask how models like ChatGPT scrape the web—and how that scraping impacts the writers who created it. (H/T Nate Hoffelder, Morning Coffee)
• AI art tools Stable Diffusion and Midjourney targeted with copyright lawsuit (James Vincent, The Verge, 1-16-23) The suit claims generative AI art tools violate copyright law by scraping artists’ work from the web without their consent. Butterick and Saveri are currently suing Microsoft, GitHub, and OpenAI in a similar case involving the AI programming model CoPilot, which is trained on lines of code collected from the web.
• The lawsuit that could rewrite the rules of AI copyright (James Vincent, The Verge, 11-8-22) Microsoft, its subsidiary GitHub, and its business partner OpenAI have been targeted in a proposed class action lawsuit alleging that the companies’ creation of AI-powered coding assistant GitHub Copilot relies on ---“software piracy on an unprecedented scale.”

---"Someone comes along and says, 'Let's socialize the costs and privatize the profits.'"

---“This is the first class-action case in the US chal­leng­ing the train­ing and out­put of AI sys­tems. It will not be the last.”
• The scary truth about AI copyright is nobody knows what will happen next (James Vincent, The Verge, 11-15-22) The last year has seen a boom in AI models that create art, music, and code by learning from others’ work. But as these tools become more prominent, unanswered legal questions could shape the future of the field.
`
• Wendy’s to test AI chatbot that takes your drive-thru order (St. Louis-Post Dispatch) (Erum Salam, The Guardian, 5-10-23) 'The Guardian' reports that Wendy's is ready to roll out an artificial-intelligence-powered chatbot capable of taking customers' orders. Pilot program ‘seeks to take the complexity [the humans] out of the ordering process’
• In a Reminder of AI's Limits, ChatGPT Fails Gastro Exam (Michael DePeau-Wilson, MedPage Today, 5-22-23) Both versions of the AI model failed to achieve the 70% accuracy threshold to pass.
• Some companies are already replacing workers with ChatGPT, despite warnings it shouldn’t be relied on for ‘anything important’ (Trey Williams, Fortune, 2-25-23)
• ‘The Godfather of A.I.’ Leaves Google and Warns of Danger Ahead (NY Times, 5-1-23) For half a century, Geoffrey Hinton nurtured the technology at the heart of chatbots like ChatGPT. Now he worries it will cause serious harm.
• Teaching A.I. Systems to Behave Themselves (Cade Metz, NY Times, 8-13-17)

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On the plus or minus side:
• Smarter health: How AI is transforming health care (Dorey Scheimer, Meghna Chakrabarti, and Tim Skoog, On Point, first piece in a Smarter Health series, WBUR radio, 5-27-22, with transcript) Guests Dr. Ziad Obermeyer (associate professor of health policy and management at the University of California, Berkeley School of Public Health. Emergency medicine physician) and Richard Sharp (director of the biomedical ethics research program at the Mayo Clinic, @MayoClinic) explore the potential of AI in health care — from predicting patient risk, to diagnostics, to just helping physicians make better decisions.
• Artificial Intelligence Is Primed to Disrupt Health Care Industry (Ben Hernandez, ETF Trends, 7-12-15) Artificial intelligence (AI) is one of the prime technologies leading the wave of disruption that is going on within the health care sector. Recent studies have shown that AI technology can outperform doctors when it comes to cancer screenings and disease diagnoses. In particular, this could mean specialists such as radiologists and pathologists could be replaced by AI technology. Whether society is ready for it or not, robotics, artificial intelligence (AI), machine learning, or any other type of disruptive technology will be the next wave of innovation.
• How will large language models (LLMs) change the world? (Dynomight Internet Newsletter, The Browser, 12-8-22) Think about historical analogies for 'large language models': the ice trade and freezers; chess humans and chess AIs; farmers and tractors; horses and railroads; swords and guns; swordfighting and fencing; artisanal goods and mass production; site-built homes and pre-manufactured homes; painting and photography; feet and Segways; gull-wing and scissor doors; sex and pornography; human calculators and electronic calculators.
---

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• Artificial You: AI and the Future of Your Mind by Susan Schneider. Can robots really be conscious? Is the mind just a program? "Schneider offers sophisticated insights on what is perhaps the number one long-term challenge confronting humanity."―Martin Rees
• Top 9 ethical issues in artificial intelligence (Julia Bossmann, World Economic Forum, 10-21-16) In brief: unemployment, income inequality, humanity, artificial stupidity (mistakes), racist robots (AI bias), security (safety from adversaries), evil genies (unintended consequences), singularity, robot rights. She makes interesting points!
• AI in the workplace: Everything you need to know (Nick Heath, ZDNet, 6-29-18) How artificial intelligence will change the world of work, for better and for worse. Bots and virtual assistants, IoT and analytics, and so on.
• What is the IoT? Everything you need to know about the Internet of Things right now (Steve Ranger, ZDNet, 1-19-18) The Internet of Things explained: What the IoT is, and where it's going next. "Pretty much any physical object can be transformed into an IoT device if it can be connected to the internet and controlled that way. A lightbulb that can be switched on using a smartphone app is an IoT device, as is a motion sensor or a smart thermostat in your office or a connected streetlight. An IoT device could be as fluffy as a child's toy or as serious as a driverless truck, or as complicated as a jet engine that's now filled with thousands of sensors collecting and transmitting data. At an even bigger scale, smart cities projects are filling entire regions with sensors to help us understand and control the environment."
• Beyond the Hype of Machine Learning (Free download, GovLoop ebook, 15-minute read) Read about machine learning's impact in the public sector, the 'how' and 'why' of artificial intelligence (AI), and how the Energy Department covers the spectrum of AI usage.

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• Can Artificial Intelligence Keep Your Home Secure? (Paul Sullivan, NY Times, 1-29-18) Security companies are hoping to harness the potential of A.I., promising better service at lower prices. But experts say there are risks.
• What will our society look like when Artificial Intelligence is everywhere? (Stephan Talty, Smithsonan, April 2018) Will robots become self-aware? Will they have rights? Will they be in charge? Here are five scenarios from our future dominated by AI.
• Amazon Is Latest Tech Giant to Face Staff Backlash Over Government Work (Jamie Condliffe, NY times, 6-22-18) Tech "firms have built artificial intelligence and cloud computing systems that governments find attractive. But as these companies take on lucrative contracts to furnish state and federal agencies with these technologies, they’re facing increasing pushback  Read More 

"Generative AI will change the nature of content creation, enabling many to do what, until now, only a few had the skills or advanced technology to accomplish at high speed." ~ article in Harvard Business Review

 

See also

AI: What problems does it bring? solve? What the heck is a bot?

and
Artificial intelligence, ChatGPT, Dall-E, and OSINT (open source intelligence)

• Copyright and Artificial Intelligence (Part 1: Digital Replicas) A report of the U.S. Register of Copyrights, July 2024. Part 1 addresses the topic of digital replicas—the use of digital technology to realistically replicate an individual’s voice or appearance.
• Copyright and Artificial Intelligence (Part 2:Copyrightability) A report of the U.S. Register of Copyrights, 1-7-25. Part 2 addresses the copyrightability of outputs generated by AI systems. It analyzes the type and level of human contribution sufficient to bring these outputs within the scope of copyright protection in the United States.

---The Copyright Office offers limited protections for a novel written with AI assistance (Jane Friedman, The Hot Sheet, 4-24-24) Elisa Shupe, a retired US Army veteran who wrote and self-published her novel with extensive assistance from ChatGPT, was granted limited copyright protection for her work by the US Copyright Office. Rather than recognize her as the author of the entire text, the Copyright Office considers Shupe the author of the “selection, coordination, and arrangement of text generated by artificial intelligence.” That means no one can copy the book without permission, but specific sentences or paragraphs themselves are not protected under copyright. This decision is more or less in keeping with past decisions from the Copyright Office regarding AI-assisted work.
---How One Author Pushed the Limits of AI Copyright(Kate Knibbs, Wired, 4-17-24) Elisa Shupe was initially rebuffed when she tried to copyright a book she wrote with help from ChatGPT. Now the US Copyright Office has changed course—but there’s a catch.
---Can You Copyright a Work If You Used AI to Assist You? (Jane Friedman, The Hot Sheet, 2-12-25)
• Copyright Office Releases Part 2 of Artificial Intelligence Report It's called Copyright and Artificial Intelligence, Part 2: Digital Replicas
• ChatGPT and Other Large Language Models (LLMs) (Journalist's Toolbox)
• Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI (Mira T. Sundara Rajan (UC Davis Law School), Kluwer Copyright Blog, 2-29-24) The case recently brought against OpenAI by the New York Times is the latest in a series of legal actions involving AI in the United States. In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Such uses, they argue, constitute copyright infringement.
---Franzen, Grisham and Other Prominent Authors Sue OpenAI (Alexandra Alter and Elizabeth A. Harris, NY Times, 9-20-23) The suit, filed with the Authors Guild, accuses the A.I. company of infringing on authors’ copyrights, claiming it used their books to train its ChatGPT chatbot.
• Cool AI Examples (Journalist's Toolbox)

• Examples of artificial intelligence: Manufacturing robots. Facial detection and recognition. Self-driving cars. E-Payments. Smart assistants. Healthcare management. Search and Recommendation Algorithms. Automated financial investing. Virtual travel booking agent. Social media monitoring. Marketing chatbots.  Maps and navigation. Text editors or Autocorrect. Chatbots. Digital assistants.  Aspects of social media.

• AI lawsuits explained: Who's getting sued? (Ben Lutkevich, TechTarget, Article 1 of 5, GenAI in court: AI training data copyright lawsuits to watch, 6-25-24) Authors, artists and others are filing lawsuits against generative AI companies for using their data in bulk to train AI systems without permission.
---A look at writers' battle to get AI vendors to pay them (Esther Shittu, TechTarget, #2 of 5, 7-18-23) An Authors Guild open letter asks vendors to pay for works previously used to train generative AI systems and calls for lawmakers to tighten copyright laws.
---Dissecting the musicians' open letter to AI vendors (Esther Shittu, TechTarget, #3 of 5, 4-4-24) The letter attempts to play on public sympathy and move AI technology vendors to take some action toward fairness. It also brings up the question of data ownership.
---The importance of the 'New York Times' AI copyright lawsuit (Esther Shittu, TechTarget, #4 of 5, 1-3-24) The newspaper publisher is the first major news outlet to sue the AI creator. While the suit might not reach court, it still has a significant impact on the AI community.
---The importance of the 'New York Times' AI copyright lawsuit (Esther Shittu, TechTarget, #4 of 5, 1-3-24) The newspaper publisher is the first major news outlet to sue the AI creator. While the suit might not reach court, it still has a significant impact on the AI community.

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• Turning Copyright on Its Head: The UK’s Proposed AI Copyright Exception (Victoria Strauss, Writer Beware, 1-31-25) [GAI = generative artificial intelligence] "As part of a larger plan to turbocharge GAI development and adoption in Britain, the UK has put forward a series of proposals addressing issues around GAI and copyright–including a significant change to copyright law: the creation of an exception to copyright that would allow GAI companies to train on internet material without having to seek permission from creators. In exchange, GAI companies would be required to offer "increased transparency" on the content they use and where they get it; and creators would have the option to "reserve their rights"–i.e., to opt out.** [aka Britain's Answer to AI--And Not a Good One]

    [As Authors Guild member Michael Castleman, author of 19 books, most recently The Untold Story of Books: A Writer's History of Book Publishing. responded: "The only fair way to develop GAI is for developers to license material they were previously stealing from authors (including three books of mine). Some licensing arrangements are now happening, thanks in part to agitation by the AG. But if the UK model takes root, kiss licensing goodbye. I hope writers in the UK and worldwide scream bloody murder about the UK GAI proposal."]

** "The opt-out question also echoes in the Authors Guild's Google lawsuit. In an effort to settle the suit, a proposed compromise was worked out in which Google could proceed with its book scanning project, with authors having the remedy of opting out if they didn't want their books included. Multiple writers' groups opposed the settlement, with the inversion of copyright law being a major factor. The settlement was ultimately denied, sending Google and the AG back to the drawing board."

• Jeanette Winterson hits out at UK government over AI plans, arguing books shouldn't be 'fodder for Big Tech' (Matilda Battersby, The Bookseller, 2-6-25) In the UK government’s consultation on Copyright and Artificial Intelligence (AI),The UK government recommends an opt-out to an exception on text and data mining, which would allow copyrighted works to be automatically licensed for use in the training of generative AI models unless the author opts out. Winterson is the latest British author to urge the government to “protect the copyright of writers and artists”, arguing that books should not be “fodder for Big Tech”.

• ‘Life or Death:’ AI-Generated Mushroom Foraging Books Are All Over Amazon (Samantha Cole, 404 Media, 8-29-23) Experts are worried that books produced by ChatGPT for sale on Amazon, which target beginner foragers, could end up killing someone. A genre of AI-generated books on Amazon is scaring foragers and mycologists: cookbooks and identification guides for mushrooms aimed at beginners.

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• Every AI Copyright Lawsuit in the US, Visualized (Kate Knibbs, Wired, 12-19-24) WIRED is following every copyright battle involving the AI industry—and has created some handy visualizations that will be updated as the cases progress.
• The A.I. Lie (David Palumbo, Muddy Colors, 4-24-24) 'Something that needs to be clearly understood is that A.I. has no intelligence. It does not “think.” It is a predictive text program that simulates human expression by ingesting unfathomable amounts of data and trying to replicate that data. It does not know and can not know what meaning its outputs have. Further, it has no desire and no emotion to motivate action or decisions. It simply runs a program and assembles pixels or words to match what seems most like other correct pixels and words in its vast data set. It aggregates. It produces averages.' (H/T Andrew Thomsen)
• OpenAI whistleblower found dead in San Francisco apartment (Jakob Rodgers, Bay Area News Group, SiliconValley.com, 12-13-24) Suchir Balaji, 26, a former OpenAI researcher known for whistleblowing the blockbuster artificial intelligence company facing a swell of lawsuits over its business model, was found dead of apparent suicide in his San Francisco apartment. His death comes three months after he publicly accused OpenAI of violating U.S. copyright law while developing ChatGPT, a generative artificial intelligence program that has become a moneymaking sensation used by hundreds of millions of people across the world.

    "ChatGPT's public release in late 2022 spurred a torrent of lawsuits against OpenAI from authors, computer programmers and journalists, who say the company illegally stole their copyrighted material to train its program and elevate its value past $150 billion. In an interview with the New York Times published Oct. 23, Balaji argued OpenAI was harming businesses and entrepreneurs whose data were used to train ChatGPT.
---Former OpenAI Researcher Says the Company Broke Copyright Law (Cade Metz, NY Times, 10-23-24) Suchir Balaji helped gather and organize the enormous amounts of internet data used to train the startup’s ChatGPT chatbot.

• Core copyright violation claim moves ahead in The Intercept’s lawsuit against OpenAI (Andrew Deck, Nieman Lab, 11-27-24)

    I quote more than usual from this important article, yet urge you to read the full article. 

     A "New York federal judge ruled a key copyright violation claim by The Intercept against OpenAI would move ahead in court... the latest in a series of major legal decisions involving the AI developer this month, after OpenAI sought to dismiss lawsuits from several digital news publishers. The ruling comes after a judge dismissed similar claims filed by Raw Story and AlterNet earlier this month.

    "Judge Jed Rakoff said he’d hear the claim that OpenAI removed authorship information when it allegedly fed The Intercept’s articles into the training data sets it used to build ChatGPT. Doing so could be a violation of the Digital Millennium Copyright Act (DMCA), a 1998 law that, among other protections, makes it illegal to remove the author name, usage terms, or title from a digital work. 

      "Earlier this year I reported that The Intercept’s case was carving out a new legal strategy for digital news publishers to sue OpenAI...The New York Times’ lawsuit against OpenAI, and similar suits filed by The New York Daily News and Mother Jones, lead with claims of copyright infringement. Infringement suits require that relevant works were first registered with the U.S. Copyright Office (USCO). But most digital news publishers don’t have their article archives registered....

      "Until this summer, the government body required each individual website article page be filed and charged separately. In August, though, the USCO added a rule that allows “news websites” to file articles in bulk....But for most digital news publishers seeking legal action against OpenAI, particularly for its use of their work to train ChatGPT, the new rule came too late. "For now, The Intercept case is the only litigation by a news publisher, that is not tied to copyright infringement, to move past the motion-to-dismiss stage.

    "Earlier this month, the DMCA-focused legal strategy took a major hit when another New York federal judge dismissed all DMCA claims against OpenAI filed by Raw Story and AlterNet. The progressive digital news sites are jointly represented by Loevy & Loevy. "

     “Let us be clear about what is really at stake here. The alleged injury for which Plaintiffs truly seek redress is not the exclusion of [content management information] from Defendants’ training sets, but rather Defendants’ use of Plaintiffs’ articles to develop ChatGPT without compensation,” wrote Judge Colleen MacMahon in that decision. It is unclear if the Intercept ruling will embolden other publications to consider DMCA litigation... particularly if news publishers want to cite the training data sets underlying ChatGPT. But the ruling is one signal that Loevy & Loevy is narrowing in on a specific DMCA claim that can actually stand up in court."

     See also this website's subsection on DMCA Takedown Notices, Safe Harbors, and Related Issues.

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• Database of 16,000 Artists Used to Train Midjourney AI, Including 6-Year-Old Child, Garners Criticism (Karen K. Ho, ARTNews, 1-2-24)

"During the New Year’s weekend, artists linked to a Google Sheet on the social media platforms X (formerly known as Twitter) and Bluesky, alleging that it showed how Midjourney developed a database of time periods, styles, genres, movements, mediums, techniques, and thousands of artists to train its AI text-to-image generator.

    Jon Lam, a senior storyboard artist at Riot Games, also posted several screenshots of Midjourney software developers discussing the creation of a database of artists to train its AI image generator to emulate.

    "Last September, the US Copyright Review Board decided that an image generated using Midjourney’s software could not be copyright due to how it was produced. Jason M. Allen’s image had garnered the $750 top prize in the digital category for art at the Colorado State Fair in 2022. The win went viral online, but prompted intense worry and anxiety among artists about the future of their careers."
---New Data ‘Poisoning’ Tool Enables Artists To Fight Back Against Image Generating AI (Karen K. Ho, ARTNews, 10-25-23) Concern about artworks being scraped without permission and used to train AI image generators also prompted researchers from the University of Chicago to create a digital tool for artists to help “poison” massive image sets and destabilize text-to-image outputs.
• Is A.I. the Death of I.P.? (Louis Menand, New Yorker, 1-22-24) Generative A.I. is the latest in a long line of innovations to put pressure on our already dysfunctional copyright system. "I.P. ownership comes in several legal varieties: copyrights, patents, design rights, publicity rights, and trademarks....David Bellos and Alexandre Montagu use the story of Sony’s big Springsteen buy to lead off their lively, opinionated, and ultra-timely book, Who Owns This Sentence? A History of Copyrights and Wrongs (by David Bellos and Alexandre Montagu, Norton), because it epitomizes the trend that led them to write it. The rights to a vast amount of created material—music, movies, books, art, games, computer software, scholarly articles, just about any cultural product people will pay to consume—are increasingly owned by a small number of large corporations and are not due to expire for a long time."

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• Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence (United States Copyright Office)
• What is fair use? US Supreme Court weighs in on AI’s copyright dilemma (Luke Huigsloot, Cointelegraph: The Future of Money, 5-30-23) Many firms with generative AI models are being sued for copyright infringement, and the Supreme Court may have just ruined their primary legal defense. On Feb. 3, "stock photo provider Getty Images sued artificial intelligence firm Stability AI, alleging that it copied over 12 million photos from its collections as part of an effort to build a competing business. It notes in the filing:
     “On the back of intellectual property owned by Getty Images and other copyright holders, Stability AI has created an image-generating model called Stable Diffusion that uses artificial intelligence to deliver computer-synthesized images in response to text prompts."

    "While the European Commission and other regions are scrambling to develop regulations to keep up with the rapid development of AI, the question of whether training AI models using copyrighted works classifies as an infringement may be decided in court cases such as this one."
     "On May 18, the Supreme Court of the United States, considering these factors, issued an opinion that may play a significant role in the future of generative AI. The ruling in Andy Warhol Foundation for the Visual Arts v. Goldsmith found that famous artist Andy Warhol’s 1984 work “Orange Prince” infringed on the rights of rock photographer Lynn Goldsmith, as the work was intended to be used commercially and, therefore, could not be covered by the fair use exemption.
      While the ruling doesn’t change copyright law, it does clarify how transformative use is defined.

• AI Licensing for Authors: Who Owns the Rights and What’s a Fair Split? (Authors Guild, 12-12-24) "The Authors Guild believes it is crucial that authors, not publishers or tech companies, have control over the licensing of AI rights. Authors must be able to choose whether they want to allow their works to be used by AI and under what terms. Our statement on AI licensing explains why AI licensing is a right reserved by trade authors and what a fair split for most deals will be."

 

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• Thousands of authors urge AI companies to stop using work without permission (Chloe Veltman, Morning Edition, NPR, 7-17-23) "Thousands of writers including Nora Roberts, Viet Thanh Nguyen, Michael Chabon and Margaret Atwood have signed a letter asking artificial intelligence companies like OpenAI and Meta to stop using their work without permission or compensation. It's the latest in a volley of counter-offensives the literary world has launched in recent weeks against AI. But protecting writers from the negative impacts of these technologies is not an easy proposition. Alexander Chee, the bestselling author of novels like Edinburgh and The Queen of the Night, is among the nearly 8,000 authors who just signed a letter addressed to the leaders of six AI companies, including OpenAI, Alphabet and Meta.

• What are the Open AI companies? Amazon, Anthropic, Google, Inflection, Meta, Microsoft and OpenAI.

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• Authors Guild Recommends Clause in Publishing and Distribution Agreements Prohibiting AI Training Uses (3-1-23)
• Authors Sue OpenAI Claiming Mass Copyright Infringement of Hundreds of Thousands of Novels (Winston Cho, Hollywood Reporter, 6-29-23) Courts are wrestling with the legality of using copyrighted works to train AI systems. The proposed class action filed in San Francisco federal court on Wednesday alleges that OpenAI “relied on harvesting mass quantities” of copyright-protected works “without consent, without credit, and without compensation.”
---AI is the wild card in Hollywood's strikes. Here's an explanation of its unsettling role (Andrew Dalton, ABC News, 7-21-23) Getting control of the use of artificial intelligence is a central issue in the current strikes of Hollywood's actors and writers. As the technology to create without creators emerges, star actors fear they will lose control of their lucrative likenesses. Unknown actors fear they’ll be replaced altogether. Writers fear they’ll have to share credit or lose credit to machines.
     "It may be fitting that "voice" comes first on that list. While many viewers still cringe at the visual avatars of actors like Hamill and Jackson, the aural tech feels further along.
      "The voices of the late Anthony Bourdain and the late Andy Warhol have both been recreated for recent documentaries.
       "Union members who make a living doing voiceovers have taken note."
---A.I. Needs an International Watchdog, ChatGPT Creators Say (Gregory Schmidt, NY Times, 5-24-23)

"To regulate the risks of A.I. systems, there should be an international watchdog, similar to the International Atomic Energy Agency, the organization that promotes the peaceful use of nuclear energy, OpenAI's founders, Greg Brockman and Ilya Sutskever, and its chief executive, Sam Altman, wrote in a note posted Monday on the company's website."
---A.I. Poses ‘Risk of Extinction,’ Industry Leaders Warn (Kevin Roose, NY Times, 5-30-23) Leaders from OpenAI, Google DeepMind, Anthropic and other A.I. labs warn that future systems could be as deadly as pandemics and nuclear weapons.

---The future of intellectual property law in the era of artificial intelligence (Wisconsin Law Journal, 4-3-23) "Another challenge is how to protect intellectual property rights in the face of AI-enabled infringement. AI systems can be used to create counterfeit goods, to automate the process of copyright infringement, and to even generate fake news. This makes it more difficult for creators to protect their work and to enforce their intellectual property rights.The rise of AI also raises questions about the future of patent law."

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• Europe takes another big step toward agreeing an AI rulebook (Natasha Lomas, TechCrunch, 6-14-23) "Parliamentarians backed an amended version of the Commission proposal that expands the rulebook in a way they say is aimed at ensuring AI that’s developed and used in Europe is “fully in line with EU rights and values including human oversight, safety, privacy, transparency, non-discrimination and social and environmental wellbeing”.
    "Among the changes MEPs have backed is a total ban on remote biometric surveillance and on predictive policing. They have also added a ban on “untargeted scraping of facial images from the internet or CCTV footage to create facial recognition databases” — so basically a hard prohibition on Clearview AI and its ilk.    
     "The proposed ban on remote biometric surveillance would apply to both real-time or post (after the fact) applications of technologies like facial recognition, except, in the latter case, for law enforcement for the prosecution of serious crimes with judicial sign off.
     "MEPs also added a ban on the use of emotional recognition tech being used by law enforcement, border agencies, workplaces and educational institutions.
     "Parliamentarians also expanded the classification of high-risk AI systems to include those that pose significant harm to people’s health, safety, fundamental rights or the environment, as well as AI systems used to influence voters and the outcome of elections."

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• Speech in the Machine: Generative AI's Implications for Free Expression (Summer Lopez, Nadine Farid Johnson, and Nadine Farid Johnson, PEN America, 7-31-23) See also PEN's Twitter feed

"We cannot anticipate exactly how these technologies will be used or the magnitude of the risks."

      "In the hands of bad actors—whether public or private—generative AI tools can supercharge existing threats to free expression. If machines increasingly displace writers and creators, that poses a threat not only to those creative artists, but to the public as a whole. The scope of inspiration from which truly new creative works draw may be narrowed, undermining the power of literature, television, and film to catalyze innovative ways of thinking.
       "Generative AI tools have democratized and simplified the creation of all types of content, including false and misleading information; now they are poised to catapult disinformation to new levels, requiring new thinking about how to counter the negative effects without infringing on free expression. Without further attention to the ways in which generative AI could potentially escalate the threat of online abuse, those targeted may be more likely to leave online spaces, and those at risk of being targeted might be more likely to self–censor to avoid the threat.
      "The use of generative AI in targeted political ads and campaign materials could make those messages even more effective, further hardening existing divides and making constructive discourse across political lines even more challenging. Because generative AI tools are trained on bodies of content, they can easily reproduce patterns of either deliberate censorship or unconscious bias. The use of generative AI in creative fields could produce works that are less rich or reflective of the expansive nuances of human experience and expression. . . [These] tools could be wielded—or weaponized—to manipulate opinions and skew public discourse via subtle forms of influence on their users."

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PEN's Recommendations for Government:
Pass long overdue, foundational legislation.
Establish and maintain multi-stakeholder policymaking processes
Ground regulatory frameworks in fundamental rights
Engage in policymaking that is measured and iterative
Build flexibility into regulatory schemes
Emphasize and operationalize transparency

PEN's Recommendations for Industry:
Promote fair and equitable use:
Facilitate secure and privacy–protecting use
Emphasize and operationalize transparency
Provide appeals and remedy options
Consider revenue models
Safeguard the ownership rights of writers, artists, and other content owners.

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• Marvel’s Secret Invasion AI Scandal Is Strangely Hopeful (Angela Watercutter, Wired, 6-23-23) News broke this week that the show’s opening credits were made using artificial intelligence. Fans immediately cried foul.
     "It’s only slightly coincidental that news of AI in Secret Invasion came a day after star Samuel L. Jackson told Rolling Stone that he’s long been cautious of studios wanting to use his likeness in perpetuity, saying when he encounters those clauses in contracts “I cross that shit out.” A few months ago, Keanu Reeves told me that he's long had a clause in his contracts saying that his performances can't be digitally altered without his approval. Actors, and their lawyers, have been wary of the implications of technology and AI for a while. So have writers. Now, as AI infiltrates everyone’s daily lives, fans are monitoring the invasion."
    More Wired stories on the topic:
---This Is the Worst Part of the AI Hype Cycle (Angela Watercutter) Feeling hype burnout? You're not alone.
---Workers Are Worried About Their Bosses Embracing AI

    And there are many more. Search for "Wired" and "AI" or artificial intelligence.

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• Generative AI Has an Intellectual Property Problem (Gil Appel, Juliana Neelbauer, and David A. Schweidel, Harvard Business Review, 4-7-23) "Generative AI, which uses data lakes and question snippets to recover patterns and relationships, is becoming more prevalent in creative industries. However, the legal implications of using generative AI are still unclear, particularly in relation to copyright infringement, ownership of AI-generated works, and unlicensed content in training data. Courts are currently trying to establish how intellectual property laws should be applied to generative AI, and several cases have already been filed. To protect themselves from these risks, companies that use generative AI need to ensure that they are in compliance with the law and take steps to mitigate potential risks, such as ensuring they use training data free from unlicensed content and developing ways to show provenance of generated content."

 

• Generative Artificial Intelligence and Copyright Law (Legal Sidebar, Congressional Research Service, 5-11-23) A long, important article. "Recent innovations in artificial intelligence (AI) are raising new questions about how copyright law principles such as authorship, infringement, and fair use will apply to content created or used by AI. Socalled “generative AI” computer programs—such as Open AI’s DALL-E 2 and ChatGPT programs, Stability AI’s Stable Diffusion program, and Midjourney’s self-titled program—are able to generate new images, texts, and other content (or “outputs”) in response to a user’s textual prompts (or “inputs”). These generative AI programs are trained to generate such outputs partly by exposing them to large quantities of existing works such as writings, photos, paintings, and other artworks. This Legal Sidebar explores questions that courts and the U.S. Copyright Office have begun to confront regarding whether the outputs of generative AI programs are entitled to copyright protection, as well as how training and using these programs might infringe copyrights in other works."

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• New US copyright rules protect only AI art with ‘human authorship’ (Daniel Grant, The Art Newspaper, 5-4-23) The US Copyright Office has eased its stance in new guidelines, and a decision on a comic book created using artificial intelligence. Shows "Detail from the cover for the comic book, Zarya of the Dawn (2023), whose author, Kris Kashtanova, used the AI-powered text-to-image generator Midjourney to create the illustrations. She was granted copyright in the book but not its AI-generated images.'

 

• AI and art: how recent court cases are stretching copyright principles (Hetty Gleave and Eddie Powell, The Art Newspaper, 3-28-23) Two specialists from a leading London law firm analyse the issues raised in recent lawsuits relating to the use of artwork images by tech companies in order to “train” their artificial intelligence tools.

 

• Artists and visual media company sue AI image generator for copyright breach (Daniel Grant, The Art Newspaper, 2-15-23) Lawsuits against firm behind Stable Diffusion image generator in recent attempt to define the legal status of such images.

 

• How We Think About Copyright and AI Art (Kit Walsh, Electronic Frontier Foundation, 4-3-23) "This legal analysis is a companion piece to our post describing AI image-generating technology and how we see its potential risks and benefits." An interesting analysis. As with most creative tools, it is possible that a user could be the one who causes the system to output a new infringing work by giving it a series of prompts that steer it towards reproducing another work. In this instance, the user, not the tool’s maker or provider, would be liable for infringement.

 

• Artificial Intelligence and Seinfeld (“Nothing Forever”) Aharon Schrieber, Seinfeld Law, 6-13-23) "If an AI generates a TV show apparently in the style of Seinfeld, but without using content from Seinfeld, is that a copyright violation?"

 

• Nothing Giant. Nothing Forever (Aharon Schrieber, Seinfeld Law, The Browser, 6-17-23) The AI generated Seinfeld parody “Nothing, Forever,” ran '24 hours a day until February 6, 2023, but the show was completely procedurally generated via artificial intelligence. While the show was pretty well received, with even the official Seinfeld twitter account linking to the Twitch channel, “Nothing, Forever” opens up a series of new questions regarding the intersection of copyright law and artificial intelligence. Most importantly, does Seinfeld, Jerry, the actors, NBC, or any other person or entity with rights to Seinfeld the show have a copyright claim against “Nothing, Forever?”

• I Would Rather See My Books Get Pirated Than This (Or: Why Goodreads and Amazon Are Becoming Dumpster Fires) (Jane Friedman, 8-7-23) "Garbage books getting uploaded to Amazon where my name is credited as the author. Whoever’s doing this is obviously preying on writers who trust my name and think I’ve actually written these books. I have not. Most likely they’ve been generated by AI."
"Hours after this post was published, my Goodreads profile was cleaned of the offending titles. However, the garbage books remain available for sale at Amazon with my name attached."

• What is generative AI? Everything you need to know (George Lawton, Tech Target) Scroll down for interesting timeline of Generative AI's Evolution. Transformers, large language models (LLMs), innovations in multimodal AI, etc. "Recent progress in transformers such as Google's Bidirectional Encoder Representations from Transformers (BERT), OpenAI's GPT and Google AlphaFold have also resulted in neural networks that can not only encode language, images and proteins but also generate new content."

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