This is a fantastic investigative analysis of an unfortunate and unprecedented situation. We all knew it was a matter of time before it happened. This is a subject I find fascinating. In the last week, I wrote several Notes and one post about the ethical use of AI, and how it can be used to spark productivity and creativity. I also acknowledged the harm it causes. Soon, I'll be writing my perspective about the unethical (misre)presentation of authorial work generated by AI.

The book cover image is a copyright infringement situation, to be clear. When it comes to laws, claiming ignorance or inability to find the original source won't get you out of being liable if the original artist decides to sue. Especially when it comes to book covers. I'm a photographer, and am very sensitive to this issue. I notice how many times people use images to publish posts and Notes on Substack, and they don't write a caption crediting the source. Even that can get you in legal trouble if the artist decides to pursue legal action. Especially if your publications explode in popularity and you profit from the use of other people's original creative expression.

About the novel...

When there's inconsistent authorial voice, it's jarring for a reader, regardless of reason. Whether it's because of unethical AI use or because of a human editor re-wrote text and the author incorporated it as-is.

It's common knowledge AI overuses ‘it’s not X, it’s Y’. It stands out because it doesn't ring as natural prose, or the way people converse. Em dashes are a different. They're a punctuation tool that sophisticated writers use strategically as an aside—for emphasis—(see?); for an effect different than using commas, semicolons, and parentheticals (most people gloss over parentheticals like this one).

I feel empathy for all the stress, suffering, and feeling of personal threat Ballard has received. The anonymity and physical distance from online presence seems to spark a high level of hate and psychological brutality against people when they are at a low point. Ballard's actions don't seem to have been malicious. They seem to be the result of being uninformed, taking shortcuts she didn't think were troublesome, and being unsupported by those in her publishing circle. It makes me sick.

A few lessons people should take away...Don't use other creator's work for profit without a written contract with the creator. Learn to use AI ethically. Be prepared for your writer career to end before it starts (and potential legal problems) if you think publishing is a game where you make your own rules.

This week, I learned about a comprehensive national legislative framework to regulate AI use. This is part of the proposal: "American creators, publishers, and innovators should be protected from AI-generated outputs that infringe their protected content, without undermining lawful innovation and free expression." We'll see how this all pans out. The full text of the legislation is here: whitehouse.gov/wp-conte…