by Piper Bayard
Artificial Intelligence. AI. With all of its many uses, some writers have embraced AI’s capabilities to hone their manuscripts. Others shun the programs altogether. Meanwhile, grifters are making a fortune with “scam books.” It all leaves me wondering:
- Is AI a writer’s best friend?
- How much AI use is too much?
- What does the law have to say about it?
- Will AI be the end of authors?
It’s just a fact that AI has become an integral part of writing in today’s world. Corporate employees use it to take notes during meetings. Students use it to perfect and sometimes altogether write their compositions. With a few prompts, gamers use AI to produce detailed profiles of characters and objects.
A friend of mine at the CIA even uses it to clean up her emails, as in, she writes what she really wants to say to her colleagues and then gives her AI the prompt, “Make this polite, firm, and professional.” It transforms, “What the hell are you thinking . . . ?” to “Perhaps we should consider . . . ?” That sort of AI usage is all well and good for the general public, except the students’ cheating, of course, but at what point does AI use become unethical for professional writers?
A Little Test
In an effort to explore the topic, I conducted a little experiment on X a while back. I asked the X-verse population whether it matters to them if authors use AI in the writing and production of a book. I asked if they would like a notation of some kind on books to indicate whether the content was at all generated by AI.
Fifty-seven readers and authors responded. To a person, the readers said it does matter to them, and they would like a symbol to designate books that are free of AI content. A couple of authors, however, supported the use of AI for editing. One even argued with me that it is impossible to write a book in this modern world without using AI, pointing out that Spell Check is a crude form of Artificial Intelligence. The divide surprised me and left me with yet more questions about the ethical use of technology in writing.
Authors’ New Best Friend?

In the December 8, 2023 edition of Literary Hub, Debbi Urbanski tells about her AI journey, in which she asked Large Language Models (“LLMs”) questions, gave them prompts, and evaluated what they turned out. She says that most of the writing was bad, but that eventually, with the right prompts, some of it was good. Urbanski even used a bit of the product in her own work. She encourages a collaboration between AI and authors to produce better books, and she cites to several AI/Author collaboration excerpts to show how chatting with Baby Skynet can actually produce a superior product.
Also, in a February 21, 2023 Reuters article, Brett Schickler openly admits to using AI to produce a 30-page, illustrated children’s book in a single day and putting it up for sale on Amazon. He says he plans to use AI to write and sell many more of these books.
Amazon’s position on this? In the process of publishing a book on KDP, the program asks if any part of the book was created by Artificial Intelligence. An author simply answers yes or no. To the best of my knowledge, Amazon does not follow up on this to find out if people are lying.
And what is creative product? AI programs like ChatGPT are only as good as the prompts they are given. Some authors will put in terrible prompts and get terrible results. Other authors will enter more sophisticated prompts and, like Ms. Urbanski, end up with useful text. Are the prompts, themselves, enough “creative product” for the author to claim the resulting text as their own?
Scam Books
That said, according to an article which appeared on The Authors Guild’s website on March 15, 2024, AI is fueling an entire scam book industry. The scammers are most prone to targeting new releases, publishing “companion” books in the form of summaries, workbooks, and guides. Many of these appear for sale on the site within 24 hours of a book release.
According to Fair Use law, companion books which provide substantial analysis and commentary without copying an abundance of the original work are within the law. However, the AI-generated companion books have little or no analysis or original content. While it is certainly arguable that they infringe on copyright, authors must prove that fact at their own expense. I don’t know how much you folks are making with your writing, but I know I certainly don’t have a “Copyright Infringement Lawsuit” column in my monthly budget.
Unfortunately, some scammers are so bold that authors cannot ignore the infringements, and there are currently several lawsuits that authors and screenwriters have brought against companies that were using AI to scrape their books and create AI-generated books based on the content they harvested. Some authors have added language to their websites and books forbidding the use of their work product for AI training. It is not yet determined how effective this language will be in an infringement case.
Some Help from Amazon
At least one author had a bit of success when AI infringed on her copyrights. According to an NPR article on March 13, 2024, author Kara Swisher published her memoir, Burn Book, only to have AI-created fake biographies of her popping up on Amazon. She immediately sent a note to Amazon CEO Andy Jassy. Amazon took the fake biographies down. However, for those of us who are not on such close terms with Andy Jassy, scam books, including the companion books, fake biographies, plagiarized books, etc., continue to be a major problem on Amazon and other publishing platforms.
What Do The Courts Say?
Actual law regarding the use of AI in publishing is quite new and still shaking out. Meanwhile, AI tech companies are reveling in the Wild West of legal uncertainty. It will take years before the lines are clear, and then, no doubt, some other new technological development will be challenging them.
Many of the current legal questions regarding AI writing center around the concept of “authorship.” The US Copyright Office only recognizes copyright in works “created by a human being.” AI product is dependent on prompts given by humans. Therefore, does a human being “create” the work of an AI program?
In 2022, Dr. Stephen Thaler was denied copyright by the US Copyright Office when he tried to register a visual artwork created “autonomously” by an AI program called the Creativity Machine. He sued, and the US district court upheld the denial of copyright, saying that “human authorship is an essential part of a valid copyright claim.” At this point, according to the Congressional Research Service, the Copyright Office is unlikely to grant copyright for text produced from feeding prompts into AI.
This raises yet more questions. Can authors even legitimately claim copyright if they partner with AI in their writing? How much is too much?
As for the legality of scraping copyrighted work to train AI, the jury is still out, with many authors and their attorneys waiting to find out if big tech can appropriate their work for this use. Have a seat and put your feet up. It could be a while.
Are We Training Our Replacements?
In using authors’ works to train AI, some authors say tech companies are literally using us to train our own replacements. Many authors seem certain it will never happen, and that AI will never be good enough. For example, AI translations of books get pronouns wrong, particularly when translating from Chinese. AI text is often stilted and unnatural, and it rarely flows like it does from a human, making the current AI books too obvious.
Some authors argue that we will never be replaced by AI because the books are just plain bad. It’s possible, but then, we have all seen 50 shades of literary abomination occasionally top the leading bestseller lists. AI text is only as good as the prompts given to the programs, and people are getting better and better at their prompts. At this point, LLMs can, indeed, be used to write entire books, and dumping AI fiction into Amazon has become quite a cottage industry.
Speaking from my personal experience, I do see cause for concern. As the writing partner of a 50-yr veteran of military and intelligence field operations for the past fifteen years, I have daily watched AI become more sophisticated in social media. Back when I first made accounts and announced my writing partner was a broadly-experienced participant in the Shadow World, China, Russia, Iran, South Korea, and others flooded our website with hits, comments, and even threats. At the time, it was mostly actual humans, but there were some AI accounts even then. They were clumsy and easy to spot.
Change Over Time
Over the years, China and others have used the information harvested from the electronics in our homes and businesses, as well as hired language trainers, to create more sophisticated AI social media programs. At this point, I would say a substantial percentage of the social media propaganda accounts are actually AI. They have become so polished that what was once laughably obvious now makes me pause to consider, and I’m not always certain what I am looking at anymore. They really are that good. I personally believe it is only a matter of time until the same is true of AI-generated books.
IMHO

For myself, I do not use AI to create any of my written content or visual art, and I put this symbol on my books to indicate that. Feel free to copy it and use it if you like. Perhaps it’s because I’m tired of learning new technology. Perhaps it’s because I’m extremely literal in my perception of what constitutes writing that is “created by human beings.” The fact is that we all have our positions on this topic, and we must all fight our way through the shifting sands of technology, copyright, and publishing.
What is your position on the use of AI in copyrighted works by authors? Do you use AI in your writing? If you do, how much do you use it? What seems fair and right to you? Thank you for sharing your human-created answers.
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About Piper

Piper Bayard and Jay Holmes of Bayard & Holmes are the authors of espionage tomes and international spy thrillers. Please visit Piper and Jay at their site, BayardandHolmes.com. For notices of their upcoming releases, subscribe to the Bayard & Holmes Covert Briefing. You can also contact Bayard & Holmes at their Contact page, on Twitter at @piperbayard, on Facebook at Piper Bayard, or at their email, BayardandHolmes@protonmail.com.
Though crafted with advice and specific tips for writers, SPYCRAFT: Essentials is for anyone who wants to learn more about the inner workings of the Shadow World.
“For any author, this is the new bible for crafting stories of espionage.”
~ James Rollins, New York Times Bestselling Author of The Demon Crown

All post photos purchased from DepositPhotos by the author.
Belanger, Ashley. (2024, March 11). “Nvidia Sued Over AI Training Data as Copyright Clashes Continue.” ARS Technica. https://arstechnica.com/tech-policy/2024/03/novelists-sue-nvidia-to-stop-spread-of-ai-models-trained-on-copyrighted-books/.
Bensinger, Greg. (2023, February 21). “Focus: ChatGPT launches boom in AI-written e-books on Amazon.” Reuters. https://www.reuters.com/technology/chatgpt-launches-boom-ai-written-e-books-amazon-2023-02-21/.
Limbong, Andrew. (2024, March 13). “Authors Push Back on the Growing Number of AI ‘Scam’ Books on Amazon.” NPR Morning Edition. https://www.npr.org/2024/03/13/1237888126/growing-number-ai-scam-books-amazon.
Staff. (2024, March 15). “AI is Driving a New Surge of Sham ‘Books’ on Amazon.” The Authors Guild. https://authorsguild.org/news/ai-driving-new-surge-of-sham-books-on-amazon/.
Staff. (2023, September 20). “The Authors Guild, John Grisham, Jodi Picoult, David Baldacci, George R.R. Martin, and 13 Other Authors File Class-Action Suit Against OpenAI.” The Authors Guild. https://authorsguild.org/news/ag-and-authors-file-class-action-suit-against-openai/.
Urbanski, Debbie. (2023, December 8). “Why Novelists Should Embrace Artificial Intelligence.” Literary Hub. https://lithub.com/why-novelists-should-embrace-artificial-intelligence/.
Zirpoli, Christopher T. (2023, September 29). “Generative Artificial Intelligence and Copyright Law.” Congressional Research Service. https://crsreports.congress.gov/product/pdf/LSB/LSB10922.








