What is the issue?
Generative Artificial Intelligence systems are set to disrupt aspects of professional creative work, and have in fact already begun doing so. AI systems are now used for audiobook narration as a cost-cutting measure by large providers like Apple, though the market has so far indicated no preference for artificial narration over that provided by professional voice actors. Recent industry reports have highlighted instances where AI has also been used in the creation of cover art, a practice that stirs controversy with both creators and readers.
But the central concern at these early stages of the AI rollout is the question of how Large Language Models and AI are trained. Massive amounts of published writing are required to train AI. That writing is often protected by copyright, and the training of AI involves copying.
In September 2023, the U.S. publication The Atlantic published a searchable database containing the titles of books used to train a number of U.S.-based artificial intelligence projects. Many of those titles are by Canadian authors. You can see this database, and search for your own works in it here.
What TWUC is doing
The Writers’ Union of Canada has been studying and discussing the question of artificial intelligence as related to creative professions for many years. Concerns that scanned books would be used for unlicensed “machine learning” were included in submissions made during the Google Books court action over a decade ago.
With the rise of Large Language Models and Generative AI, the issue of permission for use of creative work in the training of artificial intelligence is now very much in the media’s eye. The Union has been fielding many media and industry queries on the subject, are tracking two high-profile class actions in the United States aimed at securing permission and compensation for authors, and are discussing strategic next steps with our international colleagues.
Claims that AI training has accessed online “shadow libraries” — a.k.a. book piracy sites — to gather their huge datasets are particularly worrying. Regulators must not allow a new technology to legitimize illegal activity in this way.
We are aware there is a spectrum of opinion about the usefulness of AI in creative work. Our concerns, and those of our global colleagues are summed up well by the U.S. Authors Guild in an open letter they have addressed to AI developers:
- Permission for the use of copyrighted material in generative AI programs must be sought and obtained.
- Fair compensation must be paid for both past and ongoing use of creative works in generative AI programs.
- Fair compensation must be paid for the use of creative works in AI output.
TWUC is grateful to our international partners, including the U.S. Authors Guild and UK Society of Authors, for their continued leadership on this issue. In September 2023, the Authors Guild launched a class action lawsuit (along with several high-profile U.S. authors) against the San Francisco-headquartered company OpenAI. As most AI development companies operate out of the United States, the initial use of the courts to rein in this damaging and illegal practice must take place there. Whether there is also recourse to Canadian courts on this issue is something TWUC is closely studying.
In October 2024, alongside a coalition of international creative industry organizations, TWUC mobilized a call to gather signatures on a statement on AI training. Thousands of writers, musicians, actors, artists, and other creators agree: Training generative AI on people's work without permission must not be allowed. Click here to learn more and sign the statement.
Click here to access our Contracts Self-Help Package with a revised Model Trade Book Contract aimed at reserving the author’s right to deny permission for AI training and the use of AI in publication.
What you can do
TWUC encourages all members to add their signature to the following statement on AI training:
“The unlicensed use of creative works for training generative AI is a major, unjust threat to the livelihoods of the people behind those works, and must not be permitted.”
See links below for what you might do should you discover your work in one of these databases. Support the Union in our international advocacy and calls for effective regulation on this issue.
Why now?
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Lots of generative AI companies train on creators’ work without a license to do so.
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This is a major issue for many of the authors, artists, musicians, actors, and other creators whose work is being exploited by AI companies.
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This is a critical time for creators around the world: in the U.S., there are multiple ongoing lawsuits that have been brought due to unlicensed training; in the UK, the government has said it would like to change copyright law and allow AI companies to train on copyrighted work without a license. Meanwhile, AI firms wishing to avoid meaningful regulation are relentlessly lobbying the Canadian government. Cultural sector organizations, like TWUC, are speaking out loudly to make sure artists’ rights are protected and preserved.
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We think it’s important to hear directly from the creators whose work is being exploited.
Further reading
- TWUC's Submission to Industry Canada’s Consultation on Generative AI and Copyright
- Globe and Mail report on AI, quoting TWUC: Generative AI Copyright lawsuits likely won’t yield results for creative workers any time soon.
- TWUC’s Submission to Parliament on AI
- UK Society of Authors: Artificial Intelligence Practical Steps for Members
- U.S. Authors Guild: You Found Your Book in an AI Database. Now What?
- U.S. Authors Guild: Open Letter to AI Companies
- U.S. Authors Guild: Official Complaint Before the Court
Stronger Together
TWUC’s advocacy is most effective as the collective voice of Canada’s professional authors. We are stronger together. If you are not already a member of TWUC and are working as a writer, consider joining the Union. If you wish to support TWUC’s advocacy outside of membership, consider donating to the Union.
TWUC’s advocacy is most effective as the collective voice of Canada’s professional authors. We are stronger together. If you are not already a member of TWUC and are working as a writer, consider joining the Union. If you wish to support TWUC’s advocacy outside of membership, consider donating to the Union.