Copyright and AI: write, illustrate and publish a book written using AI.

Understanding copyright attribution in the context of AI: avoid the pitfalls

The first question to ask is copyright. Under French law, copyright protection is granted only to original works bearing the stamp of the personality of their author, understood as a human being. Artificial intelligence, as a technological tool, cannot therefore be considered an author by law. As a result, a book entirely written or illustrated by an AI would not be protected by copyright under the current state of the law.

However, if AI is used as a tool that helps with writing or illustration, without being the main creator, then the situation is different. For example, if an author uses AI to generate ideas or illustrations, but the author maintains full control of the creative process of the final work, then that work could be protected by copyright. The determination of the level of control of the author's creative process over a work is to be determined on a case-by-case basis with the help of a lawyer who will analyze each specific case in the light of case law in the field.

This distinction between using AI to generate all written or graphic content or as a tool to improve written or graphic content generated by the author himself is essential in order to determine the application of copyright. It's a nuance that has profound implications for publishers, authors, and the entire book industry.

Generating revenue from works generated by AI: what you need to know

Why is the issue of copyright attribution so important? Because of the monopoly of exploitation. Copyright gives its owner a monopoly of exploitation over the work, thus giving him exclusive control over its reproduction and communication to the public. This monopoly has significant financial implications.

A book whose content is protected by copyright can generate royalties every time it is sold, rented, translated, adapted, or used in any way. This makes the book particularly appealing to publishing houses, which can thus maximize their return on investment. It is also a source of income for authors or rights holders, who receive a share of the profits generated by the exploitation of the work.

A book whose content is not protected by copyright does not benefit from this monopoly of exploitation. This means that its content can be freely reproduced and distributed without having to pay copyright. This situation may be less financially favourable for the publishing houses and the authors involved.

In the case of a book whose content has been generated entirely by an AI, it will be essential not to hope to generate profits thanks to copyright, but rather to consider other channels for monetizing the book.

Ensuring transparency when using AI: why it's crucial

Remain transparent about the use of AI: this is not only essential, but under the impetus of the European Commission, it will soon become a legal obligation.

In the event that a publishing house offers you the signature of a contract, it is imperative to indicate precisely what content was generated by an AI and in what proportions. Your silence in this regard could expose you to being held responsible for fraudulent reluctance leading to the nullity of the contract concluded and the payment of potential damages.

It should also be borne in mind that many generative AIs train on content protected by pre-existing copyright. Writing and/or illustrating a book using generative AIs exposes you to the risk of third party copyright violations. Because of the existence of this risk, it is all the more crucial to prioritize transparency on the use of AI and to seek appropriate operating licenses before the publication of the book.

Adapting to changes in the legal framework in the age of AI: the challenges of the future

As AI revolutionizes content creation, navigating the complex copyright legal landscape is becoming an increasingly daunting task. The legal issues associated with publishing AI-generated books are not challenges to be overlooked or taken lightly. They require particular attention and expertise, given their novel nature and their potential scope.

It is therefore essential not to act alone and to seek professional advice, not only to ensure a precise and thorough understanding of current laws, but also in order to anticipate future developments. Regulations are constantly evolving, especially in the area of technology. A lawyer can help you understand and navigate through these changes, while offering solutions to monetize your project.

The importance of legal support in this context cannot be underestimated. With the rapid rise of AI in creative writing, it is more crucial than ever to take a proactive and informed approach to navigate this rapidly developing legal landscape.

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The article has been written by Betty Jeulin and the English translation generated with AI.