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Fake Books on Amazon Drive Authors to Shield Their Names From AI

May 27, 2024
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Fake Books on Amazon Drive Authors to Shield Their Names From AI


After receiving an email from a reader about suspicious books on her Amazon profile, author Jane Friedman took a look for herself.

Alongside her books โ€œThe Business of Being a Writerโ€ and โ€œAuthor In Progress,โ€ Friedman said she found several titles about how to write best-selling e-books, which set off alarm bells. Though sheโ€™s spent 25 years covering the publishing industryโ€”a fact the marketing description notedโ€”she didnโ€™t write those books.

But Friedman said she had an idea of whoโ€”or rather whatโ€”did.

โ€œIโ€™ve played around with AI tools enough to realize this was most likely AI-generated work,โ€ she said in a recent interview with Bloomberg Law.

Video: Can Copyright Law Stop ChatGPT and Generative AI?

Friedman took to social media to share her experience finding the books, which she said read like โ€œcopypasta,โ€ online slang for large blocks of text reproduced verbatim many times. A flood of responses from authors proved she wasnโ€™t alone; other writers had also had their names misappropriated.

While scam books have existed almost as long as publishing, and online booksellers have had to combat the phenomenon, generative artificial intelligence presents uncharted territory. People can now use the tool to almost instantly produce large swaths of text in the writing style of existing authorsโ€”and list them for sale on sites like Amazon.com Inc. and its Goodreads Inc. unit.

โ€œWe suspect they are either feeding that authorโ€™s work into an AI program, or theyโ€™re using an AI program that already has all of that authorโ€™s work,โ€ said Mary Rasenberger, chief executive officer of the Authors Guild, the countryโ€™s oldest professional organization for published writers.

More than 10,000 authors have signed a recent letter from the Authors Guild to tech companies including OpenAI Inc. and Meta Platforms Inc. calling for compensation and consent for the use of their works to train AI tools.

โ€œWeโ€™re at a tipping point,โ€ Jonathan Lyons, a partner at Lyons & Salky Law LLP who also works as a literary agent at Curtis Brown, said about generative AI. โ€œAnd Iโ€™m not sure we have the mechanism in place right now to deal with it.โ€

Right of Publicity

While Friedman was able to get the books taken down from Amazon within a few days, she said not everyone has her visibility or the knowledge she developed as a writer covering business strategy for authors.

โ€œMy biggest concern for writers is that most of them are not prepared to deal with this,โ€ she said. โ€œTheyโ€™re not familiar with IP law in the way that I am.โ€

Amazonโ€™s automated systems to take down IP-infringing listings donโ€™t leave room for nuance, Friedman said. Prompted to name the work that had been infringed on its official channels, Friedman responded that her case wasnโ€™t copyright infringement but rather a right-of-publicity issue. It wasnโ€™t that her existing work was being pirated, but rather that her name and likeness were being attached to a book without her permission.

โ€œThatโ€™s not copyright infringement in and of itself if youโ€™re creating a completely new work under someone elseโ€™s name,โ€ said David Boag, founder of IP firm Boag Law.

Boag and Friedman both noted that copyright law doesnโ€™t protect against works written in the style or voice of an authorโ€”only more tangible expression is protected.

Rasenberger said Amazon should make it easier for authors to resolve right-of-publicity issues. The Authors Guild can help members escalate complaints to Amazon, she said, but companies need to have processes in place to track when an authorโ€™s work has been used in an AI output.

Amazon spokesperson Lindsay Hamilton said in a statement to Bloomberg Law that the company investigates all concerns raised by authors.

โ€œWe welcome author feedback and work directly with authors to address any issues they raise and where we have made an error, we correct it,โ€ Hamilton said.

Volunteer Burdens

After Friedman got the fake books removed from Amazon, she said they were still floating around Goodreads.

Amazonโ€™s more decentralized subsidiary suggested in a post on X, formerly known as Twitter, that Friedman should join a librarianโ€™s group to request the booksโ€™ removal. Thatโ€™s because Goodreadsโ€™ book data is largely managed by a host of volunteer librarians.

โ€œThey donโ€™t really seem to regulate content at all, it seems like books are scraped largely from Amazon but also potentially other sites,โ€ said Laura May, whoโ€™s been a platform librarian for longer than she can remember. โ€œWhen Iโ€™m doing librarian duties, itโ€™ll be because Iโ€™ve seen a book that has an error in it.โ€

May said itโ€™s hard to differentiate titles from authors who share the same names on Goodreads, let alone books that could be fraudulent.

There are routes volunteers can take to address issues like Friedmanโ€™s, she said. According to the platformโ€™s librarian manual, book records can be deleted in appropriate circumstances. May said she can change authorsโ€™ names to alert users of piracy or other fraud.

She also has ideas for further steps Goodreads could take, such as adding a โ€œtagโ€ function that can mark content as fan-fiction or AI-generated to delineate it from authorsโ€™ original work.

โ€œWe have clear guidelines on which books are included on Goodreads and will quickly investigate when a concern is raised, removing books when we need to,โ€ Goodreads spokesperson Suzanne Skyvara said in a statement to Bloomberg Law.

Goodreads and Amazon confirmed to Bloomberg Law that the fake books Friedman found have since been removed from both sites.

Forging Paths Forward

A blogger since 2008, Friedman said the expansive body of her work online has become a โ€œdouble-edged sword,โ€ making her vulnerable to AI-created knockoffs.

She said sheโ€™s working with a lawyer now to trademark her name, making it a legally protectable source identifier for books. Doing so would allow her to utilize Amazonโ€™s โ€œbrand registry,โ€ which enables โ€œproactive protectionsโ€ according to Amazonโ€™s website.

The move is a bit unusual, Boag said, because authors generally donโ€™t have trademarks for their name. Some trademark the titles of their book seriesโ€”single book titles arenโ€™t eligible for trademarks in the USโ€”but that doesnโ€™t help combat fraudulent publications listed under their names.

โ€œItโ€™s not a bad idea to do it early on,โ€ he said, noting that the idea of trademark is to protect โ€œbrands.โ€

Because laws about right to publicity differ state-to-state, Boag said, copyright law is also an important tool. If authors can point to any places in AI books that directly copy their work, they can make infringement claims. Lyons, the literary agent and lawyer, emphasized the need for Congress to pass legislation regulating AIโ€”both within the publishing industry and beyond.

In the meantime, Friedman said sheโ€™s still not completely opposed to the technology, but cautioned that guardrails are necessary.

โ€œI was generally AI-neutral, maybe slightly AI-positive. I see a lot of opportunity in that for writers and publishers,โ€ Friedman said, noting the technologyโ€™s ability to cut costs through innovations like synthetic audio books. โ€œCompaniesโ€”I just donโ€™t think they are doing enough to consider the ramifications of whatโ€™s going to happen.โ€





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