It's an AI World and We're Just Living In It?
A Lawyer/Writer's thoughts on AI
Hey Readers!
This week I wanted to take some time to talk about AI. I’ve got lots to say, so get ready!
It’s a New World
I have to admit, I never thought I’d be living in a world of AI.
As a small child, the biggest piece of technology we owned was our Atari. Oh, the hours spent shooting Asteroids with its joystick and laughing with my brother at Indiana Jones running from Tsetse flies in the Raiders of the Lost Ark game … Anyone ever beat that game? I swear it was rigged!
As a teen, instead of social media, I spent many hours with a phone cord wrapped around my waist while sneaking calls to friends in the middle of the night. In fact, the first time I heard an internet “dial up” was in my high school library. Only one kid in my class had internet. It was reserved for people that had money. Most of us didn’t. In fact, I didn’t get my first computer until I was 21 years old; a desktop packaged in a black and white cow printed box taped with a financing bill from Gateway.
Fast forward to today—aside from working for a technology company where I negotiate multimillion dollar deals, I’ve spent lots of time working in various areas of data law. Much of that work was focused on how to regulate data, the new currency. This was before Chat GPT came on the scene.
Which reminds me . . .
AI and Ancient Egypt?
Before we dig in, I’m wondering: Have you ever heard of the Egyptian myth on the creation of writing? I can’t help but think of it as I ponder developments in technology.
In Phadrus, written circa 370 BC, Plato recorded Socrates’s thoughts and discussion of the Egyptian myth, noting that writing weakened the necessity and power of memory. You can read about the myth here https://www.historyofinformation.com/detail.php?id=3439 but the general idea is that the invention of writing would produce forgetfulness in the minds who learn to use it, because they would no longer practice using their memory.
Now, while I’m thankful for the gift of writing, there is something to be said about the idea that technology, created to make things more “advanced,” can have the opposite effect, stealing our very abilities to grow, learn, and be self-sufficient in our creations.
Point: Technology is a tool that should be used wisely. It shouldn’t replace the human mind or heart.
The Current Debates
We’re all familiar with the various current AI debates. Chat GPT, Midjourney, AI generated books . . . Kids are cheating on college exams; human artists are losing money as authors or others use Midjourney for book covers or other designs. Not only are there enough “AI Books” on the market to render some publishers to require a promise that no AI has been used with sticker labels on books to note it, but pirated books such as the “rewriting” of Stephanie Land’s Maid where undoubtably AI was used to rewrite her beloved memoir into a “Biography” for some selfish criminal’s want of cash are running rampant. But there’s way more here than meets the eye. The rabbit hole that is AI is much more than you might realize, unless, of course, you are a technology geek that studies this inside and out.
For example, check out the following (tip of the iceberg) list of ways AI is being used:
- Ever heard of “Biological AI”? Biological AI is a “Digital Brain” modeled on human systems. This means that “Digital People” hear, see and react with empathetic responses. Don’t believe me? Check this out:
https://www.soulmachines.com
- AI is coming to combat. Read about here: https://insidedefense.com/insider/army-awards-palantir-250m-contract-ai-and-ml-research
- AI and copyright? Check out this article for the latest: https://www.cnbc.com/2024/03/06/gpt-4-researchers-tested-leading-ai-models-for-copyright-infringement.html
- Can robots be deceptive? Well, students at Georgia Tech created one that is–https://phys.org/news/2012-12-squirrels-birds-deceptive-robots-video.html
- For weekly updates on AI, check out this great Substack:
Legalities
Of course, there’s lots to say legally about the use of AI . . . which is way too complicated and cumbersome for this Substack post (but you can find some information here: https://mitsloan.mit.edu/ideas-made-to-matter/legal-issues-presented-generative-ai). I will note that as an attorney, I always advocate NOT to use it for commercial use because you stand risking litigation for copyright infringement, fraud, violation of privacy laws, breach of contract, just to name a few legal implications. Of course, that is my legal counsel. Like I tell the business associates, how you choose to run your business is a business decision. As counsel, my job is to point out the risks.
So how do I suggest its use?
Brainstorming
It’s a great tool when you are brainstorming. For example, I might ask Chat GPT to brainstorm a list of words about a certain topic, or to rewrite a sentence shorter, or to list out a variety of topic ideas about a certain subject. I use the list to fuel my brainstorming, where a word on the list might bring to mind another topic that I want to write about.
Inspiration
Midjourney, of course, is also fun to use, especially for writers who want to insert prompts and receive beautiful renditions of the characters and settings of the stories they’ve so far only been able to imagine in their mind. Midjourney could inspire a writer as they write, create mood boards, or as an example to show a real-life human artist a concept to inspire. This does not differ from an artist using a postcard picture, photo, magazine ad, or real live objects as ideas/concepts/inspiration when coming up with their own art.
In short, used as a brainstorming tool or to kindle some inspiration when needed are ethical ways to use these tools.
Personal View on AI
I am amazed at artists, both writers, illustrators, etc. who would be outraged if they found their book pirated, their art regenerated or stolen by another, whether AI or human, but then do the same thing when they use AI to write their own stories and art for commercial use. AI is trained to create images using genuine artists’ work, WITHOUT THEIR PERMISSION. If you wouldn’t want it done to you, why would you do it to others? Check out this article, here: https://www.forbes.com/sites/bernardmarr/2023/08/08/is-generative-ai-stealing-from-artists/?sh=55c540fd5d1e
As writer myself, who is also inspired daily by the multiple writers I know, I understand the blood, sweat and tears that go into creating. If you’ve ever created anything, you get it.
I’ve also known so many illustrators, painters, and other artists who have also dedicated their lives to their craft. I have family members and close friends who spent decades crafting their art, selling it at independent art shows and fairs.
For example, a close family friend whom we once called Uncle Tony, before he passed, spent decades painting beautiful floral artwork modeled after the flowers he saw while a soldier in Vietnam. The paintings were a way he brought peace to his troubled heart, riddled with PTSD and trauma.
My aunt was also an artist. As a kid, I spent hours watching her bring characters and scenes to life with her charcoal pencil. Shaded lines that soon developed into magical stories of hippos dancing, clowns juggling, a picture of what I’d look like when I grew up. She spent decades creating her art, some of which were sold and some of which sits in plastic containers upon her death.
Of course, if an artist AGREES to donate their art to train AI, then that is their choice. But so far, at least to my knowledge, all the training has been done without artists’ permission.
It feels like stealing someone’s dreams and soul.
AI, Cover Design and Spiderman
Recently, I met with my cover designer for my novel, All These Threads of Time. It’s important to me to use a human artist for my book because I want to honor human creators. But something happened while we met, discussing ideas for concept and design that I hadn’t expected.
I realized the connection writers have with artists—the way an idea, a concept, is given new life, with fresh eyes. He had so many ideas, different views of my story that I hadn’t even thought of. It reminded me that our ideas and stories are a gift to the world. They are ours in that we spent the time creating them. In a legal sense, the copyright belongs to us. But they are gifts—given for others to dream, imagine, be changed by it, in the way it impacts them. Our stories, our art, it’s alive. It has breath, resonance. It’s not to be stolen but shared to engage the human heart in creating more.
Point: Talking with the artist reminded me how important that collaboration is. I mean, imagine Spiderman without both Stan Lee and Jack Kirby?
There is a connection shared between writer and artist that just isn’t there with AI. At least not for me.
Conclusion
In closing, we all know AI is here to stay, but that doesn’t mean we need to be careless in our use of it. It’s a tool, not a replacement of the human heart.
Remember, things that come easy aren’t always the best course.
Use it irresponsibly and you may face thousands of dollars in potential legal fees (remember, the courts are still in flux on this issue but have stated copyright belongs to HUMAN creators).
More importantly, don’t you want to sleep better at night knowing you aren’t gaining profit on stealing another artist’s work?
We are living a human story, after all.
That’s right. It’s a human world, and AI is just part of it.
At least that’s what we need to remember.
Till Next Time,
Sarah
AKA A Busy Lady
P.S. I’ve got more special guest writers coming up! Stay tuned!
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