SFWA’s Statement on Artificial Intelligence

On October 30, the SFWA Board and the SFWA Legal Affairs Committee sent the following letter to the US Copyright Office in response to their August 2023 Notice of Inquiry regarding copyright law and policy issues in artificial intelligence, which is part of their AI Initiative.

We are aware that there is a wide range of opinion on the subject within our community, but the issues of known damage to fiction marketplaces and threats to original IP copyrights that these new AI tools pose must be made known to bureaucrats and lawmakers recommending and making policy. By doing so, when consensus emerges about the proper use of generative AI in art, we can ensure that such AI is created and utilized in a way that respects the rights of creative workers.

In the near future, we’ll have the opportunity to read other letters submitted to this call for comments, and both SFWA and individuals will be able to review them and respond. We invite all our members, but especially those writers working in gaming and comics, to make known the effects you are seeing of artificial intelligence on your careers, for good or ill.

We will continue to study this issue and speak up where we feel we can do good. The more we learn from our membership, the more effective we will be.

The SFWA Board

 

 

TEXT OF LETTER

The Science Fiction and Fantasy Writers Association (SFWA), formerly Science Fiction and Fantasy Writers of America, is a 501(c)(3) nonprofit organization whose mission is, in part, to support, defend, and advocate for writers of science fiction, fantasy and related genres. Formed in 1965, SFWA currently has over 2,500 commercially published writers in those genres across various types of media. Its membership includes writers of both stand-alone works and short fiction published in anthologies, magazines, and in other media. SFWA is not a subsidiary of any other entity. SFWA has no subsidiaries or other ownership interest in any other organization that may be affected by the Copyright Office’s policies on AI.

It is in that capacity that we write this letter in response to the Copyright Office’s call for comment on issues raised by artificial intelligence systems. As creative writers who have long had an eye on the future, we are no strangers to the concept of artificial intelligence; indeed, the work of our members is frequently mentioned by the people who over the years have made progress in that field. We have long anticipated these developments and have thought deeply over the years about its promise and pitfalls. With this in mind, it is with much regret that we cannot yet speak in favor of using AI technology in the business of creating art.

The current crop of artificial intelligence systems owes a great debt to the work of creative human beings. Vast amounts of copyrighted creative work, collected and processed without regard to the moral and legal rights of its creators, have been copied into and used by these systems that appear to produce new creative work. These systems would not exist without the work of creative people, and certainly would not be capable of some of their more startling successes. However, the researchers who have developed them have not paid due attention to this debt. Everyone else involved in the creation of these systems has been compensated for their contributions—the manufacturers of the hardware on which it runs, the utility companies that generate their electrical power, the owners of their data centers and offices, and of course the researchers themselves. Even where free and open source software is used, it is used according to the licenses under which the software is distributed as a reflection of the legal rights of the programmers. Creative workers alone are expected to provide the fruits of their labor for free, without even the courtesy of being asked for permission. Our rights are treated as a mere externality.

Perhaps, then, creative workers uniquely benefit from the existence of these artificial intelligence systems? Unfortunately, to date the opposite has been the case: SFWA has thus far seen mainly harm to the business of writing and publishing science fiction and fantasy as a result of the release of AI systems. Continue reading “SFWA’s Statement on Artificial Intelligence”

Asking the Wrong Questions

Maybe when it comes to the chat bots and art bots and other such creations, we’re asking the wrong questions.

I mean, if a chat bot can pass the bar exam, the question shouldn’t be “can a chat bot practice law” but rather “does the bar exam do a good job of determining whether someone would make a good lawyer.”

Having taken a bar exam, I can assure you it’s primarily a hazing ritual. I’m sure the chat bots do very well on the multistate multiple guess portion of the exam, which requires you to memorize vast amounts of information, much of which is not relevant to actual practice.

My experience with bar exams is out of date, but when I took it, we had to learn all the old common law (based on British law) definitions of criminal behavior. These were no longer in use in Texas (where I took the bar) or in any other state that had adopted a modern penal code.

I bet a chat bot is hell on wheels at stuff like that, but I suspect a bot lawyer would not know what to do in a situation where its client was before a judge for revocation of probation (on a felony drug charge) and the judge, in the middle of ranting at its client, gave it a huge wink.

I’m not even sure how a chat bot would know about the wink, but assuming a bot could see it, I suspect it wouldn’t know it was a signal that the judge wasn’t going to revoke probation.

The time it happened to me, I knew what it meant. In fact, I knew from the moment the judge started ranting that he wasn’t going to send my client to prison. He winked at me because I was a young lawyer and he wasn’t sure I understood yet that he was yelling at my client in lieu of revoking probation.

The real practice of law is about subtleties. I suspect algorithm-driven software fueled by large language models is very useful in plowing through reams of documents and will get better, but it’s going to be crap at the negotiating table or in the courtroom where you have to read people as well as put the right information before them at the right time.

Continue reading “Asking the Wrong Questions”

Who Counts as a Person?

Back in 2002 I wrote a story about an upper-middle-class young man who got arrested in Louisiana because his physical appearance contradicted his sex genotype: he looked male, but his genotype was XX. He ended up in a jail cell with several transwomen, some drag queens, a lesbian, and a woman who was his opposite: she appeared female but had an XY sex genotype.

This story was set in 2023.

I believed in this story, so I sent it out to every magazine and anthology I could think of. Nobody wanted it. I don’t know why they didn’t like it, but perhaps it was because it seemed too unlikely at the time. Or maybe I was just ahead of the curve in gender stories.

Fast forward to the actual 2023, where Tennessee just adopted a law restricting drag shows and many other states are in the process of following suit. My made-up Louisiana law prohibiting people from dressing or appearing in a way that contradicts their sex genotype no longer looks like science fiction.

It’s almost enough to make me send the story out again, except that these days I bet magazines would turn it down because it’s too much like the real world of today.

Thinking about it reminded me of another story of mine, one I wrote back in the 1990s. It turned on whether clones were people or property under the U.S. Constitution.

That one, called “Passing,” did get published. In fact, it won a contest sponsored by the National Law Journal. Continue reading “Who Counts as a Person?”