Things That Make You Go…’Hmmm’

Posted on March 16, 2024 by mestengobooks

Credit: Google Images/bjaycooper.com

Inevitable

It was only so long before artificial intelligence (AI) not only infiltrated our every day lives but took command of some aspects, with or without our permission. The question of whether machines will or can replace us (or much of the work that we do, including writing) is moot. AI is here and the worlds of good and evil (e.g., hacking or stealing intellectual property/IP rights) are colliding.

AI technologies are evolving at such a rapid pace it’s hard to keep up legally. It’s important to understand fully your rights as a writer/creator and how to protect your work products. From attorney Matt Knight on his Sidebar Saturdays blog:

“As artificial intelligence (AI) continues to develop, it’s becoming increasingly capable of creating works indistinguishable from those created by humans, which raises intriguing questions about intellectual property rights. One such area of concern is what can be copyright-protected in a work generated by AI. Another area is the potential for infringement of copyrights by AI systems.”

Basic Copyright Law

According to Matt Knight, “copyright law protects original works of authorship fixed in any tangible medium of expression” no matter how you created them. Your creations are yours and no one else’s. However, Matt writes, “[c]opyright protection does not extend to ideas or facts; instead, it safeguards the expression of those ideas in a tangible form.” (my bold added)

Except…

Per the U.S. Copyright Office, there is no copyright protection for works created by non-humans, including machines or other automated means. And…

” …in March 2023, the U.S. Copyright Office guided creators working with AI tools on registering their works. The policy statement notes that only human-made creations are eligible for copyright protection. A human may select or arrange AI-generated material in a sufficiently creative way that the resulting work as a whole constitutes an original work of authorship. Or an artist may modify material originally generated by AI technology to such a degree that the modifications meet the standard for copyright protection. In these cases, according to the Copyright Office, copyright will only protect aspects of the work made by the authoring human, i.e., resulting in partial protection of entire works.”

Sidebar Saturdays, Mar 2, 2024

Robot vs. Human – Who Has the Right?

There’s an interesting article in Smithsonian magazine on AI robots re-creating sculptures by Michelangelo and other famous sculptors (Bernini, etc.). While robots are able to re-create these famous sculptures, humans are still required for the finishing touches. Per the U.S. Copyright Office, only those finishing touches would be protected. Is an AI shortcut truly an artistic expression of human creativity? Or is it lazy art, stealing from the Great Masters and the rest of us creators?

“Today, Tincolini, Massari, and their team of technicians and artisans create sculptures on commission for artists, architects and designers, and they sell their technology to clients around the world.”

“What used to take months or even years can now be done in days,” he said. “Machines can run round-the-clock. They don’t get sick or sleep or go on vacation.”

by Elain Sciolino for Smithsonian Magazine, December 2023

And So It Goes…

There are cases currently pending, Matt writes, including “one high-profile case is the New York Times vs. Microsoft, Open AI, in which NYT alleges that OpenAI and Microsoft unlawfully engaged in widescale copying of millions of copyrighted news articles, investigations, opinion pieces, and more to create artificial intelligence products, all without permission or payment.”

Microsoft argues ‘fair use’ because they consider it to be “transformative use” for training AI models. I question this argument because they accessed copyrighted material, regardless of how they were going to use it. Maybe Microsoft concludes that since they don’t profit directly from the “transformative use” it’s okay to download the IP materials. I’m curious as to how this plays out and what kind of precedents will come of these AI cases.

It Was Nice to Share

I’ll be honest – with the advent and proliferation of AI, I’m nervous about what could happen to any of my IP. I feel like I’m becoming more of a hermit, hoarding my works for only myself to enjoy. I’m anxious about losing royalties (for many it’s how creators make a living or supplement their income) and whatever credit might come my way from an appreciation of my work product.

Have you thought about how you will protect your IP? Do you use AI in your work and to what extent? Familiarize yourself with copyright laws regarding AI.

Protect your work, your livelihood.

#artificialintelligence #writer #author #AIrobots #Michelangelo #famoussculptors #Italianart #copyrights #protectyourwork #painter #poet #Smithsonian #Microsoft #NYT #newyorktimes #intellectualproperty #lawsuit #OpenAI #fairuse #copyrightinfringement ##originalart #Bernini #lapieta #AI

Writers: In These Covid Times, Are You Prepared For The Unthinkable?

Posted on November 19, 2020 by mestengobooks

Thinking of the Unthinkable

It’s a topic I’ve covered on two other occasions (first post; second post). Now we’re in a pandemic and I’m once again compelled to share this vital information for all writers out there. We’re living in unpredictable times and no one can afford to be arrogant or in denial about the unthinkable: not surviving a Covid infection. I won’t bore or scare you with statistics or probabilities. Covid is a real infection, a real threat. Writers, you must get your Digital Assets (DA), aka intellectual property (IP), in order.

So I ask:

If It Comes Down to It, What Will Your Writer Legacy Be?

Is this a conversation you’ve even had with yourself or loved ones? Procrastination will only draw out what could become a painful situation for your family. It’s vital you prepare for what may come. Just in case.

“In this new digital world, our lives are complicated by our dependence on many devices, each with its own password and accessible only by you.” A Writer’s Legacy, part 2, January 2019

Your first step is to take inventory of all your intellectual property, both completed and unfinished works. Are your files backed up and easy for others to locate in online folders or another organized system? Now is a good time to get it all organized.

Your Legacy To-Do List

The following is a reiteration of a list that is by no means finite, from a previous post. While it may be time-consuming, you’ll be glad to do it because it’s an opportunity to clean out any work you know you won’t finish.

Do you have a PayPal, Google Pay, or any account, in addition to personal banking, with monetary value? Who will have access if you die? What happens to the money? Whom will you designate as your beneficiary? Who will you appoint as your Literary Executor (look this up, it’s important)?
What about personal and business email accounts, blogs, and podcasts? Personal and business websites? Do you want them up and running for people to read/listen to your when-you-were-a-breathing-starving-artist work?
Do you keep a list of logins and passwords to all of your online accounts? Make sure your designated Estate attorney has the most recent copy on file or at least your computer password so s/he can access the information (best kept in one location, like a cloud account).
What electronic devices do you own that need a password for access? Do you have a laptop, smartphone, tablet, DVR/Tivo, Ring, or a home security system? How many apps do you access from your phone? Does anyone else have the access code for your phone so they can access (and delete) the apps?
Do you bank online? What about mortgage payments, investment banking, utilities, airline, or other memberships? Which memberships automatically renew online? You’ll need to spell out which to cancel and which to keep active for your heirs/estate.
Do you have any Social Media accounts like Facebook, LinkedIn, or YouTube? Any accounts with e-commerce sites like Amazon, Netflix, Hulu, Ebay, etc.? Check the policies of these companies regarding access by another person. You’ll need to legally designate someone if you want that person to clean up your online life.
How much of your work is unfinished? Do you want someone else to finish it? Or would you prefer your Executor/Executrix just heave every incomplete project, every potential novel/poetry book/best-selling short story into a shredder? What will you do with the work you have completed? Who gets the royalties? Who will do the marketing to keep the sales going?
Do you have translations of your book? Movie deals? Audio books? Who will oversee these if they are optioned after your death? Who will make the decisions about maintaining and growing your work after you’re gone?
Will you leave the option to own, sell or operate your business and control your intellectual property up to your heirs? Or will you decide so your heirs don’t have to? One option is to designate a micro-publisher to oversee your work so that royalties will be properly paid to your heirs.
What about cleaning up your personal information collected by data-mining companies? If you think it won’t matter once you’re gone, you’re wrong. Someone could use your identity and gain access to your intellectual property and online life, and then your hard-earned money. This can affect any heirs you designate and their ability to oversee your IP or pay any monies owed. Many sites mine all sorts of personal information; you will likely need to join now to have access to your personal information and request they delete it.
You need to be concerned with writer scams popping up all over the web offering unauthorized copies of authors’ books or scamming writers out of money. Writer Beware is one of many sites that track predatory sites and unscrupulous people trying to steal our IPs. Make sure all is good before passing it on to the heirs.

“It’s a sobering experience to think of your life in these terms, but in the long run you’re doing your family or loved ones a favor by setting it down on paper.” A Writer’s Legacy, Part 2, January 15, 2019

#covid19 #coronavirus #intellectual property #digitalassets #bookAholic #storytellers #writersoninstagram #writer #amwriting #author #writerbeware

A Writer’s Legacy Part 2

Posted on January 15, 2019 by mestengobooks

In November 2016, I posted a blog, A Writer’s Legacy in a Digital World, where I discussed the importance of planning for the future of your digital and intellectual property. I recently read two blog posts on the same subject but with a few more bits of information, like appointing a Literary Executor (separate from the Estate Attorney) to protect your intellectual property (IP).

To reiterate, it’s vital you prepare for the inevitable. You must decide what kind of legacy you wish to leave, if you wish to leave one at all. In this new digital world, our lives are complicated by our dependence on many devices, each with its own password and accessible only by you. The first step in the process is to take an inventory of your digital (online world) and intellectual properties:

Do you have a Paypal, Google Pay, or any account, in addition to personal banking, with monetary value? Who will have access in case you’re incapacitated, or worse, if you die? What happens to the money? Whom will you designate as your beneficiary?
What about personal and business email accounts, blogs, and podcasts? Personal and business websites? Do you want them up and running for people to read your when-you-were-a-breathing-starving-artist work?
Do you keep a list of logins and passwords to all of your online accounts? I keep an updated copy in one of those many cloud accounts, just in case. Update it regularly and make sure your designated Estate attorney has the most recent copy on file.
What electronic devices do you own that need a password for access? Do you have a laptop, smartphone, tablet, DVR/Tivo, Ring, or a home burglary system? How many apps do you access from your phone?
Do you bank online? What about mortgage payments, investment banking, utilities, and airline (or other) memberships? Which memberships automatically renew online? You’ll need to spell out which to cancel and which to keep active for your heirs/estate.
Do you have any online accounts like Facebook, LinkedIn, or YouTube? Any accounts to e-commerce sites (Amazon, Netflix, Hulu, Ebay, etc.)? Check the policies of these companies regarding access by another person. You’ll need to legally designate someone if you want that person to clean up your online life.
How much of your work is unfinished? Do you want someone else to finish it? Or would you prefer your Executor/Executrix just heave every incomplete project, every potential novel/poetry book/best-selling short story into a shredder? What will you do with the work you have completed? Who gets the royalties?
Do you have translations of your book? Movie deals? Audio books? Who will oversee these if they become options after your death? Who will make the decisions about maintaining and growing your work after you’re gone? (Think: Elvis Presley estate.)
Will you leave the option to own, sell, or operate your business and control your intellectual property? Or will you decide so your heirs don’t have to? One option is to designate a micro-publisher to oversee your work so that royalties will be properly paid to your heirs.
What about cleaning up your personal information collected by those data-mining companies? If you think it won’t matter once you’re gone, you’re wrong. Someone could use your identity and gain access to your intellectual property and online life, and then your hard-earned money. This can affect any heirs you designate and their ability to oversee your IP or pay any monies owed. One site, My Life, mines all sorts of personal information; you’ll need to sign up and join to have access to your personal information and request they delete all of it.
You need to be concerned with writer scams popping up all over the web offering unauthorized copies of authors’ books or scamming writers out of money. Writer Beware is one of many sites that track predatory sites and unscrupulous people trying to steal our IP. Make sure all is good before passing it on to the heirs.

I don’t have children so I’ve been thinking about how to ensure my IP is safe so that whomever I designate as heirs (charities most likely), they will benefit properly. It’s mind-boggling for sure, but getting started is the hardest part. Start with making a list for numbers 1-4; those alone will take some time. Once that’s done, you’re more than halfway to protecting your IP. Nolo.com is a good site to find Estate and Literary attorney recommendations; you can also call or check online with the Bar Association in your state. You can find Last Will and Testament forms (as well as Healthy Proxy, Power of Attorney and other estate forms) online and at Nolo.

I’m not trying to be morose; this is a necessary part of owning a business (yourself) and smart business owners/independent contractors prepare for the worst. How many famous people left no Will for their estates, tying up legal proceedings for years in probate with family members each trying to get his share? Don’t let this happen to you – or your heirs.

Some links to good articles on this and other subjects:

Anne R. Allen on Anne R. Allen’s Blog… with Ruth Harris
New Writing Scams to Look Out for in 2019
“As long as there are writers, there will be writing scams. Hungry predators will always be lying in wait, ready to pounce on any tender young scribe who strays from the safety of the mainstream herd.”

Maggie Lynch on Self Publishing Advice From The Alliance Of Independent Authors
Why Indie Authors Need Literary Executors & How to Appoint One
“Today I’m going to address how to make sure your heirs (whether that is family, friends, or a nonprofit) benefit from that and who makes the decisions about licensing future intellectual property rights (eg translations, movie or TV deals, audiobooks, etc.) that may not have been licensed at the time of your death.”

Chris Syme on Smart Marketing for Authors
Why Word of Mouth Marketing Will Sell More Books [Research]
“In this episode of the podcast, Chris reviews the 2018 Word of Mouth Marketing Report from Convince and Convert Consulting and how it can help authors sell more books.”