The Use of Works by Ghostwriters by Artificial Intelligence Systems

Abstract

This reflection addresses the use of works written by Ghost Writers by artificial intelligence systems, especially in the context of their use in training processes of human language models. This growing and often invisible practice raises highly relevant legal, ethical and copyright issues. The limits of intellectual property, unrecognized copyrights, as well as possible regulatory and doctrinal paths to safeguard the interests of these writers in the digital age are discussed.

We live in a time when the use of other people's creativity has become commonplace. This use is made legitimately through rights assignment contracts in which the effective author of the work allows its use by third parties, without this being abusive in the eyes of the law. With Gohst Writers the situation becomes more serious as they remain anonymous, that is, they give up their right of paternity over the work through the transfer of rights. No author of any work may renounce paternity of the work he creates. The work and its author are symbiotically linked by an invisible bond. However, when Gohst Writers give up their right to recognition as the author of a given work, they do not renounce their paternity of the same, but analogously it is as if Gohst Writers were handing over their work to be adopted by a third party. Even though Gohst Writer produced the original creative work, it will never be recognized as his. If among humans, this issue of recognizing the paternity of the work and the transfer of rights over it is complex, it will be even more so if the Godst Writers are at the service of Artificial Intelligence. While half the world praises the capabilities of Artificial Intelligence, the other half is concerned about a worrying reality: feeding Artificial Intelligence can entail many dangers. Copyright is not immune to these dangers. It is not about catastrophizing the use of Artificial Intelligence systems, but rather about protecting human copyright and realizing that Artificial Intelligence systems are already beginning to be equipped with deep learning, that is, the ability to reason on their own through statistics. recombinatory, which will create an imaginary parallel reality that we cannot take as human. This will require a rethinking of copyright and the importance of its attribution and recognition, allowing or not, with due limitations, access by artificial intelligence systems to certain works created by humans.