As questions continue to swirl around how to ethically and legally use AI in the writing and publishing of books, the Authors Guild has updated its guidance to help authors better navigate the changing landscape.
The revised guidelines feature two new sections that break down the specific legal and professional risks writers should be aware of when using AI tools, along with a framework for understanding that not all AI use raises the same concerns, according to the announcement released by the Guild.
The Guild first published best practices for AI use by writers in February 2024. The newly updated best practices—the result of conversations with many writers and deliberations by the Authors Guild Council—"seek to add some context and clarity around the best practices and are provided in response to the many inquiries we have received around AI issues,” the Guild writes in its "AI Best Practices for Writers" advisory, adding “these are guidelines, not rules.”
The revised guidelines are broken down into four short sections: Guiding Principles; Risks to Be Aware of When Using AI; Categories of Use; and Recommended Best Practices.
In its Best Practices section, the Guild, which has been very active in backing legal action where it believes AI companies are engaged in copyright infringement, notes “that every major commercially available large language model has been trained on books and other writing without the authors' permission, compensation or control over the downstream use.”
Among the most important legal issues authors need to consider are that "AI-generated text is not copyrightable, and knowingly failing to disclose AI-generated content in a copyright registration application can constitute fraud on the Copyright Office." The Guild also warns that "many book contracts also include warranties that the manuscript is the author's original work, meaning undisclosed inclusion of AI-generated text may put a writer in breach."
“The updated best practices are intended to provide context and clarity around the legal and ethical questions surrounding the various uses of AI in the writing process," said Mary Rasenberger, CEO of the Authors Guild, in a statement. "We hope they are helpful for authors as they negotiate whether and how to use this new technology.”
