In this crucial legal episode, I sit down with Gordon Firemark, intellectual property entertainment and media lawyer, to navigate the Wild West of AI in publishing.

With 50 lawsuits currently underway against AI companies, most dealing with training on pre-existing copyrighted material, Gordon explains that Anthropic just agreed to a $1.5 billion settlement with a group of authors, noting if the trained system outputs material substantially similar to an existing copyrighted work, that is infringement. We can't hold the machine responsible for damages, meaning the person or company who publishes AI generated material bears full liability.

Beyond copyright concerns, AI systems hallucinate, requiring meticulous fact-checking especially for nonfiction work. Gordon shares an alarming example where an AI-generated article about a person with a common name incorrectly attributed a felony conviction from someone in Colorado to an innocent person in Florida, creating defamation liability.

Gordon emphasizes that authors cannot own AI-generated work because copyright law has been clear for a century that if the author isn't human, the work gets no copyright protection. Courts have consistently ruled this way with AI-generated images, with one case currently petitioning the Supreme Court for review. However, if human authors show sufficient creative input, they can claim copyright in elements they contributed.

When publishing on Amazon, there's a checkbox requiring disclosure if you used AI to create your material, and failing to check it could result in delisting, violating terms of service, or accusations of fraud. If you use AI and don't disclose it, you can be accused of defrauding the copyright office, invalidating your copyright entirely and leading to damages and penalties if you try to sue for infringement. Those advertisements promising six figures by having AI write your book in one day are misleading because you can't claim copyright infringement if someone else copies, distributes, or creates derivatives.

Gordon recommends safe ways to use AI as a tool. His strongest advice: there's nothing like making writing a habit. The act of writing, rereading, rewriting, and reorganizing is what authorship truly is, and while mainstream publishing involves editors and copy editors, they guide the fundamentally human process.

Ready to write your authority-building book? Schedule a discovery call and take the next step to moving one step closer to writing and publishing your book!

Until next time, keep writing, dreaming, and creating—your book is waiting to be born!

Podcast Resources

Start on your author journey today by Booking a Discovery Call

Unsure where to start when it comes to writing your book? Download your Book Clarity Blueprint today!

Get Gordon’s online class Easy Legal for Entrepreneurs or Easy Legal for Podcasters

Disclaimer: The information in this podcast is for educational and informational purposes only. The content shared by the host, guests, and any affiliates is not intended to substitute for professional legal or financial advice or any professional advice specific to your situation. Always seek the advice of a qualified professional with any questions you may have.

The opinions expressed on the...