Make Sure You Know This if You're Using AI Art

[SubrosaGames]

Recently, I had to make a paperback version of our hardcover rulebooks. So, I went through the process, as usual (we use IngramSpark/LightningSource). But I didn't pay close enough attention to one of the button toggles when quickly filling out the metadata tags for a work I had already published (and btw, you DO need a separate ISBN for a softcover version).

I accidentally pressed YES, This manuscript has AI Art (in fact the manuscript had been published years earlier before AI Art was a thing). And then the proverbial SHITE hit the fan.

Ingram Spark refused to distribute the new release on all normal channels, only providing support for you to sell it directly from their store or you could order dozens of copies and sell them yourself. Distribution centers like amazon, B&N, libraries, and European markets were NOT any longer an option.

Upset, I contacted support and discovered the reason no normal distribution channels were available is because I mistakenly checked AI Art; and once that particular piece of metadata is "saved" it cannot be changed, even with a re-upload of the manuscript or a delete-and-start-over, because it's saved to the ISBN.

The good news is that Ingram Spark reset it so that I could start over. And what a lesson! So, my other publisher friends out there, bottom line: DO NOT proclaim AI Art was used (or even helped write any text, unless, of course you did use AI); just know that if you do, you will not be able to use distribution services offered by Ingram Spark / Lightning Source. I do not know about Amazon Kindle's rules but they do have an AI toggle as well. If anyone does know about Amazon Kindle's policy, please comment...

Apparently, this is due to Copyright questions, even though copyright law is not settled when it comes to AI-anything. In fact, most AI services (chatgpt, openart.ai, etc.) provide up front that you, the creator, owns the copyright. However, Ingram Spark doesn't care. They are siding with the artists in the fight against people going the cheap way for art instead of paying a professional artist for their book covers and other illustrations. Whether that is right or wrong is a debate outside the scope of this thread.

In any case, I thought I'd pass this on to y'all. Happy publishing, and I wish every author and publisher in our gaming community prosperity and success with their products!

 

[monsmord]

Are you suggesting that publishers/creators using AI should represent themselves as not using AI? And that Ingram supporting visual artists is...bad? Because it really does read that way.

 

[Logomachist]

The way I read it, SubRosa wasn't taking a side; they're just posting a public notice for whomever concerned that using generative AI in a work can drastically reduce your distribution options.

 

[SubrosaGames]

Are you suggesting that publishers/creators using AI should represent themselves as not using AI? And that Ingram supporting visual artists is...bad? Because it really does read that way.

I believe I said that discussion was beyond the scope of this thread. But no, I am not suggesting that people should misrepresent themselves. Only that people should be aware of the repercussions of using AI in their publications. [EDIT: I edited the sentence in question. Hopefully that is clearer now. Thank you for bringing that to my attention!]

 

[SubrosaGames]

@Logomachist:

Yes that was my intention. I apologize if it seems otherwise to anyone.

 

[fettpett]

For what it's worth, the Copywrite Office just posted Part 1 of their report on generative AI review

Copyright and Artificial Intelligence | U.S. Copyright Office

Copyright law

www.copyright.gov

 

[SubrosaGames]

For what it's worth, the Copywrite Office just posted Part 1 of their report on generative AI review

Copyright and Artificial Intelligence | U.S. Copyright Office

Copyright law

www.copyright.gov

Thank you for this. Although the first part is only about AI-generated voice and appearance likenesses (deepfakes) of people, it looks like they will be addressing AI-generative art issues in upcoming reports:

"The first Part addresses the topic of digital replicas -- the use of digital technology to realistically replicate an individual's voice or appearance. Subsequent Parts will turn to other issues raised in the NOI, including the copyrightability of works created using generative AI, training of AI models on copyrighted works, licensing considerations, and allocation of any potential liability."​

 

[fettpett]

Thank you for this. Although the first part is only about AI-generated voice and appearance likenesses (deepfakes) of people, it looks like they will be addressing AI-generative art issues in upcoming reports:

"The first Part addresses the topic of digital replicas -- the use of digital technology to realistically replicate an individual's voice or appearance. Subsequent Parts will turn to other issues raised in the NOI, including the copyrightability of works created using generative AI, training of AI models on copyrighted works, licensing considerations, and allocation of any potential liability."​

No problem, yeah it's a continuing process atm. Honestly probably going to take Congress to pass a law to really fix the issues with generative AI and copywritten material.

 

[Gnostic Goblin]

I do not know about Amazon Kindle's rules but they do have an AI toggle as well. If anyone does know about Amazon Kindle's policy, please comment...

Recently I have been uploading products to Kindle and amazon print-on-demand.
I will not shamelessly advertise them in this post as it is off-topic.

When you upload pdf's to kindle, there are 3 screens to do with the manuscript. They all have check-boxes and data-entry to instruct Amazon how to list it. People gamble this with the ratings, to the extent Amazon recently changes the way its algorithm works, they simplified it.

A rule relevant for games applies here: "The more complicated any system, the more open it is for manipulation."

The first of the three screens asks;
Is AI used in the manuscript? Y/N
Is AI used in the illustrations (interior/book cover)? Y/N
How much AI is used? (not much, a considerable amount, all of it).

From experimentation I have been going back and forth in these three screens at various stages, tweaking things. Instructing it whether AI has been used at all is one of the tweakables, even after the book has been launched and cleared. It takes (up to) 72 hours for Amazon to decide if they accept it or not and (up to) 72 hours more to process it if they do.

What I cannot answer to you is if Kindle remembers that a book was AI even if you change your mind. Sorry about that. I did not upload AI content to it.

Recently I have been part of a writers group which has splintered away from NaNoWriMo (National November Writers Movement) after BigTech bought out NaNoWriMo to use it to promote AI in literature. The splinter group I mentioned is somewhat against that, being as it is we have actual real life human writers skills developed over decades of studying and practising the art.

I must confess I have dabbled with a few AI for writing to 'know thy enemy' -LaoTzu. I discovered its a mixed bag. Two people I spoke with got ChatGPT to write the same story, independently of each other, it is only by coincidence that working as an editor for the writers group I mentioned, I came across that.

Hope this is interesting if not particularly useful.

 

[Gnostic Goblin]

Copyright Legislation is different in UK than in US. I live in UK.

Copyright protection for AI works: UK vs US

In short: In UK, a human using an AI to produce content, the human automatically owns the content, which is automatically their copyright (intellectual properties).

There is a refinement in the US law also, a precedent that if the AI generated work has significant human involvement, it is copyright. Explicitly, for AI art; if there is a source image which the human owns, eg; a photo or painting they made, and this is uploaded to the AI and used in combination with prompts to generate a new image, the resulting art is also copyright to that human.