The Generative Aspect of A.I. Isn't The Problem... It's The Theft

Since the plagiarism software is still in the headlines (and many tech bros and corporations have attempted to force it to do jobs that it is objectively not capable of doing), I wanted to take this week's update to discuss something that I feel gets either overlooked in a lot of these discussions, or which some people are simply misunderstanding. However, it is not the "generative" part of these programs that's the issue; we've had the ability to do that for years. The problem is the theft, and the absolute lack of morals regarding what these programs are trained on in order to spit out their results.

Moral? Sorry, I thought you said MONEY, that's what I care about.

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It's Not What You Make, It's How You Learned To Make It

I first touched on this topic back in A.I. Started With Artists, But It's Coming For Authors, and there are some points I'd like to reiterate from that post. First and foremost, these programs are not intelligence, artificial or otherwise. They're just pattern-recognition software that sucks up data, and spits it back out at you. They're mimics that, more often than not, we anthropomorphisize so that we think they're smarter than they are. To reiterate, this is not a Terminator-style apocalypse; we are dealing with parrot programs that can do nothing except spit out various combinations of what's been put into them.

Which brings us to the second point. The reason people hate these programs is not because they're so much better than creators of all stripes. It's not because they, "allow anyone to make art/write a book," as so many out there claim when they get hate for using these programs. It's because they were fed stolen work to use as the basis for all of their creations. They are, quite literally, the product of theft. It's one of the main reasons the U.S. Copyright Office ruled that A.I. art cannot be copywritten.

Share these? With you? Why would I do that?

There are, for example, programs out there that don't use stolen material to train on, but which still generate results that can be used from what's in their database. For example, I recently talked about The Medieval Fantasy City Generator by Watabou, which is something that I've used for my Sundara: Dawn of a New Age TTRPG setting. I've generated dozens of maps of fantasy cities and towns using the push of a button, and then once I have a map I can fill in the details myself, and breathe life into the project. There have been generators for character names, random writing prompts, and more available for decades, and there are a lot of writers who've made use of those.

The generative aspect of these programs isn't the problem. If you were to take a generator and train it on public domain works like H.P. Lovecraft stories, the works of Edgar Allan Poe, or even paintings from Renaissance masters, no one would have a problem with that. Whether you used the results of these programs as inspiration for your own stories, or just to create cool cover art, you wouldn't be stealing work from anyone. You couldn't copyright anything created with the program, either, but if you're just using it for inspiration (or you don't care about making money) then that wouldn't be an issue.

But that's not how these programs are being used. Instead, businesses and corporations are stealing the work already created by artists, and they're being used to try to rip off those artists, authors, screen writers, etc. A classic example is Jane Friedman, who had to fight Amazon to have books with her name on them that were written by A.I. removed. Because if a business can pay nothing to get the material they're selling, and then make pure profit off of it, they're going to do that. Period. End of story.

So if you're wondering why so many creatives are angry at the proliferation of so-called A.I. programs, examine the source material that they're trained on. Because there are dozens upon dozens of prompts, machines, and engines that can spit out everything from fantasy cities to story prompts, but those which don't use material that was stolen from creatives don't generate any outrage.

When you're taking sides on an issue like this, look at who's on which side of the line. Then ask yourself if tech bros and corporations have ever been the good guys when it comes to situations like this.

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That's all for this week's Business of Writing! For more of my work, check out my Vocal archive, or at My Amazon Author Page where you can find books like my sci-fi dystopian thriller Old Soldiers, the Hardboiled Cat series about a mystery solving Maine Coon in Marked Territory and Painted Cats, my sword and sorcery novel Crier's Knife, or my most recent short story collection The Rejects!

 

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No One Is Going To "Steal" Your Book Idea

We are all protective of our books. We've spent a lot of time cultivating our ideas, fleshing out our characters, and nailing down the finer points of our worlds, and we don't want all of that going to waste. We think our stories are special, and even if we're riffing on a tale as old as time we still think that we have something unique to offer. A cover of an original song in a style you've never heard before, and which you might like even more than the original.

Seriously, though, we all need to get over ourselves. No one is out here to steal your book.

Back... back damn you! This is MY book!

Original Characters DO NOT STEAL!

I don't read a lot of fan fiction, but the above quote seems to be legion on a lot of the arenas where it's enjoyed. These writers feel the need, while playing in someone else's sandbox, to put up big, bright signs declaring who their original characters are, and demanding that no one else steal them. While that's really presumptuous for someone writing stories with characters and a world typically created by someone else, it also shows an extreme arrogance. It is a big neon sign that says you think so highly of the thing you made that you are convinced people will take it, and claim it as their own if given half a chance.

You would have to pay me real money to fix the mistakes in your character, and grammar.

While most of us are not a stereotypical teen who is just discovering the joy and freedom of the creative process, this suspicion still thrives in a shocking number of places. Go to any Facebook group, any subreddit, or any forum dedicated to writing, and I guarantee you'll find authors on there who are looking for help straightening out a story conflict, or fixing a character flaw, but who are terrified of vultures just waiting to swoop down to steal their ideas.

Let me be perfectly clear on this point. We're talking absolute crystal, here. Repeat after me; no one is going to steal your ideas.

It's Not Stealing if They Write Their Own Book

Before you get yourself all in a twist about someone else stealing your firstborn fiction like some no-talent Rumpelstiltskin, answer this question. If you're discussing your idea with someone, or with a community, and your idea inspires them to write their own book, does that stop you from going forward on your own project?

I'll answer for you; it doesn't.

Besides, books being "too similar" never seems to stop them from selling.

You're not doing yourself any favors by treating your book like some kind of secret recipe. Because the people out there who would be capable of seeing a protagonist and a plot line they could turn into a book are already pretty busy doing that with their own books. And the people who would steal someone else's book, claiming it as their own to cash-in? Well, you're not giving them a book. You've presented a general scene, a main character, and a plot complication. Maybe a few hundred words at most, if you're generous.

Ain't no one out there going to try to spin that straw into gold. Because it's too much damn work.

Thieves Steal Books, Not Ideas

There are book thieves out there, don't get me wrong. But more often than not these are the vanity publishers, the shady "agents", and people who are looking for a quick score. If someone writes their own book, even a book that is similar to yours in some way, it won't be the same book you write. Two authors, even working from the same writing prompt, will create two different finished products.

Actual book thieves are only interested in a complete manuscript. Something they can take, then turn around to sell.

So, you're not wrong to be afraid of thieves. But know that no one is interested in the basic structure of your plot, or in your kickass protagonist. It's also not very likely that someone is going to think your story "changing up" the formula for magic, or space travel, is so unique that they have to copy it. Your book is pretty safe, until it's complete. When it is complete, make sure you keep a tight hold on it. Send it to publishers and agents, by all means, but do your research, and see who you're comfortable with. Because your book is a lot more likely to be stolen and abused by some fly-by-night "publisher" than it will ever be by a fellow author.

Also, if any of this was a revelation, you might also want to check out Questions Beginning Writers Ask (That Experienced Writers Are Tired of Hearing).

That's all for this week's Craft of Writing post. Hopefully it helps some folks out there who've been dealing with this issue. If you'd like to keep up-to-date on all my latest releases, then follow me on Facebook, Tumblr, and Twitter. And if you want to support me and my work, head on over to The Literary Mercenary's Patreon page. For $1 a month you can easily buy my eternal gratitude, and get some free books while you're at it.

What Authors Need To Know About Fair Use

One of the most commonly asked questions I see writers asking online (aside from "what should I name my protagonist?" and "how do I get published?") is whether or not it's okay for them to mention the titles of books, song lyrics, and other intellectual property in their novels. They've read books that use lines from a movie in dialogue, or which incorporate famous books into their plots, but they've also heard stories of authors being sued because they took too much of something that wasn't theirs, and put it in their book.

So what's the answer? Fair use, since you ask.

What does that even mean?

What Is Fair Use?

As I said in Copyright Myths Authors Should Know About, fair use is a legal idea that is often important for authors to know and understand. In broad terms, fair use means that if you are taking a portion of a copyrighted material, and using it in very specific ways, then you are not infringing upon the creator's copyright. Two of the agreed-upon things that fall under fair use according to Stanford include:

- Parody: This is why books like The Wobbit by Paul Erickson exist, and are allowed to make money.

- Commentary and Criticism: This is why movie reviewers can quote the film without being sued. You can't be a critic if you aren't allowed to talk about the work in question.

Outside of these defined areas, fair use can get a little murky. For example, it's possible to take short snippets of copyrighted material, and to mix them together in order to create something new. Youtube has an educational video on this topic, and it explains why there are music videos using copyrighted songs, and copyrighted movies, but by splicing them together into a music video the creators are making something new, which often grants them fair use protection.

So It IS All Right?

I didn't say that.

Fair use is tricky when it comes to fiction. On the one hand, telling the audience that your protagonist has had nightmares ever since he read It by Stephen King is not a copyright infringement. You could even give a summary of some of the scenes, driving home the effect they had on the character, and you'd still be in the clear. You wouldn't start sailing into troubled waters until you started pulling swaths of text from the book, and re-printing them in your own novel. In much the same way you can tell the audience that, in a tense restaurant scene, the song Don't Fear The Reaper by Blue Oyster Cult is playing over the speakers. You won't start skating over the line until you begin quoting the lyrics in your story past a certain point.

Strap in, cupcake, because it gets more confusing.

Generally speaking, you can talk about books, music, movies, and other creative works without any real worry, as long as you don't start cutting pieces off of them and putting them in your book.

And since you ask, fair use is only about infringing on copyright. There are a slew of other problems authors can run into when they try to re-create a reality as they know it in their books. Especially if the real-world entities they're depicting take offense to the way they show up in a book.

Need an example? Well, if you want your main character to stop and get food from a real-world burger chain, then your portrayal of the restaurant could lead to legal action from the corporation (in theory, at least). The same is true of portrayals of real people, and particularly of celebrities and other public figures. Even a discussion of real-life products, could be enough to cause trouble.

Is that likely? Not terribly. For example, no one is likely to take legal action against you because you listed all the stats on your protagonist's muscle car, or because your detective with a drinking problem favors a particular brand of hooch. However, the more visible your depictions are, the more likely it is that a company, or a person, might take notice of what you're doing, and raise a complaint.

It's Always Better to Err on The Side of Caution

So what do you do, with so many pitfalls just waiting to entrap you? Well, the easy solution is to write a story that doesn't take place in the modern day. That way, with the kingdoms, villages, etc. all made up, there's no chance for you to accidentally go too far in your depiction of the modern world, or to quote a song or story that isn't in the public domain.

Of course, that isn't always a worthwhile solution. Sometimes you just need a modern setting to make your story work. If that's the case, remember that it's always best to err on the side of caution, and to leave out details that might be considered problematic. For instance, don't say that your protagonist is going to Barnes and Noble. Instead, say that it's one of those corporate bookstores, where everything is big, open, and smells vaguely of spilled espresso. Don't say that your lead picked up two or three McDoubles; instead tell us that she hit a drive-thru for the kind of food that had become a guilty pleasure after she reached adulthood. Max Brooks gives us a master-class in this by using descriptions in World War Z that may refer to actual celebrities popular during the book's publication, without ever mentioning them by name. The one that stuck with me was, "the drugged up whore famous for being a drugged-up whore." A description that could apply to a slew of names in Hollywood, but which could equally be no-one.

And if you feel the need to include a poem, a song, or to throw in a copy and paste from your favorite novel to build some context, stop and ask yourself how much is too much. It might be one of those darlings you're better off drowning in the editorial stream.

It's an easy enough habit to keep, once you're in the zone.

So, just to refresh, it's perfectly fine to mention factual things in your story. Under narrow circumstances, you can ever reproduce copyrighted works without suffering any consequences. However, if you want to stay as safe as possible, try to make sure you're not giving any unintentional product placement to companies who may object to being in your book.

As always, thanks for stopping in to see what I've got to say this week. If you'd like to help support me and my blog, then stop by The Literary Mercenary's Patreon page and become a patron today! Also, if you haven't done so already, why not follow me at Facebook, Tumblr, and Twitter to stay up on my most recent releases?

What Is Public Domain, and What Does It Mean For Your Novel?

Two weeks ago I wrote a post titled Copyright Myths Authors Should Know About, and given how popular that post was I thought I'd follow it up with a piece about public domain. I'll explain what public domain is, how it works, and why that novel you're working on either is or isn't fan fiction, depending on the copyright of the original work.

So let's get started, shall we?

What Is Public Domain?

Public domain is a legal term used to describe a creative work (book, film, song, etc.) whose copyright either expired or never existed in the first place, thus making it something everyone can use. As a quick for instance the novel Dracula by Bram Stoker never had an American copyright, so the novel can be printed and distributed by any company looking to make a profit. If you want to make a movie based only off of Bram Stoker's novel, or write a story using those characters, then you my friend are good to go because there is no copyright for you to infringe on. You can get more about public domain's legal definition here at Wisegeek.

Public domain is what you get when you pull copyright's teeth.

How Do I Know If Something Is Public Domain?

Figuring out whether something is or isn't in the public domain can be difficult. Fortunately there's a handy list at Teaching Copyright which will show you how to identify whether something has lapsed into the public domain. As a general rule of thumb anything that's common knowledge (names, dates, and other facts), titles, common symbols, and everything published in the United States before 1923 are all public domain works. That includes classics like The Strange Case of Dr. Jekyll and Mr. Hyde, The Three Musketeers, The Invisible Man, Frankenstein, and thousands of others.

Sounds legit.

Before you decide to just start using a work because it's old though you need to check to be sure it's actually lapsed into the public domain. While you won't catch any flak for writing a high fantasy version of the Iliad, characters like The Shadow might still be owned by someone.

Why Use Public Domain Works?

One of the big questions people have when it comes to public domain works, settings, and characters is why would you use them? After all shouldn't you try to create something truly unique, and stand on your own two feet as an artist?

Clearly this mysterious questioner is unaware of the pull of fan fiction.

'Nuff said.

People like what's familiar, and as evidenced by Hollywood re-imaginings and re-boots are popular as hell. They also have a long and storied tradition, particularly during the pulp fiction era when multiple writers would use ideas and mention items from other stories. This created a weird, shared-author canon that led to creations like the Cthulhu Mythos which was begun by H.P. Lovecraft, but contributed to by his contemporaries in their own stories.

In some cases public domain works allow you to use an established world to tell a new story. Whether it's the deserts of Barsoom or the darkened streets of Arkham, Massachusetts there's a huge amount of world-building done for you. The rules of the cosmos, the politics of the land, even the timeline is set for you. Not only that but there's a built-in fan base. If you say the word "Cthulhu" people will immediately zero in on you and give you a chance to throw out your line. If you tell someone you're writing faithful cases for Holmes and Watson then there is going to be an interest even if you don't have Benedict Cumberbatch signed on with your project.

Public domain worlds and characters are some of the most often told stories we have. While you might not become the next bestseller writing a story about how Frankenstein's monster and Edward Hyde had to team up to fight a legion of resurrected corpses possessed by demons and led by Jack the Ripper I guarantee you that book will turn a few heads. Before you get started though make sure that the characters as well as the work are public domain. Some of Bugs Bunny's earliest appearances are public domain for instance, but Bugs himself is a trademarked character which means that despite a few episodes of his antics being free for all he himself remains off limits.

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Copyright Myths Authors Should Know About

Authors are no strangers to bullshit. We listen to book reviewers, we have agents, we troll forums; we are constantly immersed in a world of people who think they know what they're talking about. Sometimes this can be helpful, like when we meet other authors with more experience, or when we chat with representatives or publishers. A lot of the time though we meet people who are spouting absolute tripe they heard from their second cousin who's writing a slash fiction of John Carter and Tars Tarkas. Sometimes it's hard to tell the difference, which is why this week the Literary Mercenary is talking about copyright.

What Is It?

Before we get into too many details let's talk about what a copyright actually is. According to the U.S. Copyright Office copyright is a legal right for someone to make copies of, sell, and otherwise exploit a literary, musical, or other creative work. A copyright is good for the life of the author, and then for a period of 70 years after the author dies. If the work was anonymous then copyright lasts 95 years from the date of publication, or 120 years from the date of creation (whatever comes first).

The deaths of characters are inconsequential to the life of a copyright.

Those are the basics. Despite how simple copyright sounds though we get all kinds of confused about what actually comes after. It's why we have myths like...

If You Don't Register It Then People Will Steal Your Idea!

I don't know how many paranoid scribblers I've met who won't tell anyone what their books are about, and who have fits at the very idea that someone might read it before it's published. They mail copies of their stories to themselves, and tell you that until you register your work with the U.S. copyright office that it isn't copyrighted and anyone can steal it.

This is a 10-pound tub of bullshit.

I should know... I filled it!

Every work you create has a copyright from the moment it's created according to this. Remember that the next time someone offers to "help you out" by charging a "nominal fee" to get your work copyrighted.

I'm Not Infringing The Copyright Because I Spelled It Different!

I hate to be the one to tell you this, but you are.

We're not talking about public domain works; that's a whole different kettle of fish. What we're talking about is taking a popular work that is copyrighted (say Twilight for instance) and then writing your own strange, twisted sex fantasy using the same world and the same characters. That's derivative fiction, and it requires the copyright holder to give you the okay to do it. You can't just publish that work and claim that it doesn't violate the initial author's copyright.

*coughs uncomfortably*

There are all sorts of derivative works on the market. That said, no, someone can't just copy your work, switch around the I and the E in your lead's name, and then just claim that their book is different. That goes both ways.

But Fair Use!

For those of you not familiar with fair use it's a legal idea that says in certain, narrow circumstances you can reproduce a copyrighted work without violating the copyright, or having to pay a fee in order to do so. If you're reviewing the item in question, using it for scholarly research or using it in the classroom then generally speaking your intent falls under fair use. The same goes for parodies and other forms of commentary more often than not.

That's why no one sues this guy when he writes songs more popular than the ones they're based on.

Fair use is very, very limited though. You can't lift whole chapters, paragraphs, or even lines from poems or songs without running into the question of how much is too much for fair use. More often than not fair use won't protect you if you're making money off of someone else's material in some way, shape, or form (see the above caption for one of the only exceptions to this rule).

I Can't Put My Story Online, I'll Lose My Copyright!

No, you won't.

There's this weird idea that persists among people that if you found it online then it's public domain. If there's no little "c" symbol then the work isn't copyrighted and you're free to take and use it. If someone is offering you a free download or a file transfer then it's totally cool. No, it isn't; it's piracy, and you can be sued for it.

I feel a "but" coming on...

There are buts, and all authors should be aware of them. First of all you can sign away your copyright. For instance, say that you took a job from Tor to write a short story for an anthology. Part of this contract is that you will be paid $400 for the short, but all of the rights concerning it no longer belong to you as the creator. This is one of the only ways you can lose your copyright; because you sold it as stipulated in a contract. "Work For Hire" is the phrase to look out for with this one.

The other issue involves publishing rights, which is different from copyright and often a source of confusion. Say you get a contract from Random House for a novel you've posted online (maybe you wrote it for NaNoWriMo or something, I don't know). RH might want exclusive worldwide print rights (meaning no other company can make print copies). They might also want exclusive, first-run digital rights... which might be an issue if it's been sitting up on the Internet for the world to see. On the one hand no, you have not given away your copyright. But what you have done is published it in a medium, which means that you can't give someone else the right to be first. That's the trade off; if you do publish your work in any way (self, small, or big name) then you've used some rights to that work.

That's it for this week's entry, though feel free to comment if you have questions or want to see other topics covered in the next Business of Writing entry I do. If you'd like to support this blog then stop by The Literary Mercenary's Patreon page and consider becoming a patron today! If you want to keep up on all the latest and greatest for my updates then make sure you're following me on Facebook and Tumblr as well!