AI and Authorship: Navigating the "Wild West" of Publishing and Protecting Your Work
In this article Porsché Mysticque Steele—a renowned book coach and independent publishing expert—reveals the significant lack of established legal frameworks and regulations governing AI-generated or AI-assisted creative works
The landscape of publishing in 2025 is undergoing a rapid transformation, particularly with the widespread emergence of Artificial Intelligence (AI). This period is characterized as the "wild wild west" due to the significant lack of established legal frameworks and regulations governing AI-generated or AI-assisted creative works. Authors and publishers alike must navigate this evolving environment, understanding both the opportunities and the inherent risks, especially concerning intellectual property.
The Meta Lawsuit: A Potential Precedent
A pivotal development in the ongoing debate around AI and copyright is a federal judge's decision to allow an AI-related copyright lawsuit against Meta to move forward. This case, Cadre versus Meta, is particularly significant because authors allege that Meta violated their intellectual property rights by using their copyrighted books to train its Llama AI models. Furthermore, the authors claim Meta removed copyright information from these books to conceal the alleged infringement. While Meta asserts that its training methods fall under "fair use," this lawsuit stands out because previous AI-related cases brought by authors have often been dismissed. Should this case proceed and result in a ruling against Meta, it could set a crucial precedent for future laws and regulations concerning AI's use of copyrighted material. This highlights the growing concern among authors about their content being used without permission or compensation to train AI systems.
The Evolving Stance on AI-Generated Content
The US Copyright Office has been grappling with the implications of AI in creative works since at least 2018, noting the massive advancement of AI in book writing, especially post-COVID. While early attempts to prohibit excessive AI use in books failed, by 2023, a prerequisite was introduced requiring authors to disclose whether and how AI was used in the creation of their books when submitting for copyright registration.
A key concern is that content entirely generated by AI is generally not eligible for copyright protection because copyright historically protects works of authorship by human authors. This means if AI creates a work without creative contribution from a human, it belongs to no one and automatically falls into the public domain, allowing anyone to use it.
Therefore, authors are advised to:
• Write their own material.
• Use AI for brainstorming or outlining ideas, but not for generating the core text.
• Hire human editors instead of relying solely on AI for editing, as future laws might deem AI-assisted content as public domain.
• Be cautious with AI-generated images or templates from platforms like Canva if used for commercial purposes without proper licensing, as these may not be copyrightable by the author and could lead to issues with publishing platforms.
• Be aware that even AI-generated voices for audiobooks, while currently allowed, may face quality scrutiny from platforms.
Protecting Your Work: Copyright vs. Trademark
In this dynamic environment, protecting intellectual property is crucial for authors, particularly those building a business around their books. While you are inherently entitled to six exclusive copyrights upon creating any original work (giving you rights to reproduce, distribute, and modify it), this does not stop others from attempting to take or claim your work. This is where formal registration comes in.
Copyrighting Your Book's Content:
• Purpose: Copyright protects the original expression of ideas in your book, including the words, illustrations, and unique creative elements. It is the only way to legally prove that a book belongs to you.
• Process: You can register your manuscript (even if it's a work in progress) with the US Copyright Office at copyright.gov. The process is relatively simple, costing about $65, and a certificate of copyright is typically issued within about a month.
• Exclusions: Any content in your book that you pulled from another source (e.g., quotes, song lyrics, research passages) must be excluded from your copyright application, as you cannot claim ownership of material you did not create.
• "Poor Man's Copyright": The practice of mailing your work to yourself is not a substitute for legal registration and is not recognized by the US Copyright Office as legitimate protection. It merely serves as a piece of evidence, not proof of ownership, and can complicate legal proceedings.
Trademarking Your Brand Elements:
• Purpose: Trademark protects your brand's distinctive elements, such as your book series title, publishing company name, logos, taglines, or any unique phrases tied to your brand. This is especially important for entrepreneurs leveraging their books as business assets, connecting them to courses, coaching programs, or events.
• Difference from Copyright: Unlike copyright, which protects the book's content, trademark protects the identity of your brand.
• Necessity: While not legally required to publish, trademarking is strongly recommended for longevity and protecting your legacy, especially if you plan to build a business or multiple ventures around a specific name or phrase.
• Cost and Process: Trademarking is significantly more expensive than copyrighting, potentially costing hundreds of dollars per "class" (category) in which it is registered. It often requires the assistance of a lawyer due to its complexity, including submitting "specimens" (evidence of use). Buying a domain name for a brand is not equivalent to trademarking it.
The evolving nature of AI and its integration into creative processes necessitates that authors remain informed and proactive in safeguarding their intellectual property. While legal frameworks are still catching up, understanding and utilizing existing protections like copyright and trademark are essential steps in this dynamic publishing landscape
Frequently Asked Questions about AI and Authorship
1. What's the biggest trend in book publishing for 2025?
Non-fiction books are experiencing an all-time high in popularity. Readers are increasingly seeking solutions to their problems in areas like business development, personal development, self-help, and "how-to" guides. This means that books offering practical frameworks and actionable advice, rather than just personal memoirs, are more likely to resonate and succeed. While personal stories are valuable for human connection and making information impactful, they should be combined with wisdom and a clear solution to a problem.
2. How has the perception of self-published books changed, and what does it mean for authors?
The negative connotation previously associated with self-published books has significantly diminished. In 2025, self-publishing is now seen as a credible path, allowing authors to establish themselves as experts. This shift is partly due to advancements in technology, including AI, which have improved the quality of independently published works. However, this positive change comes with increased competition in the self-publishing space, which is now steeper than in traditional or hybrid publishing. More adults are writing and publishing books than ever before, making it crucial for self-published authors to create high-quality, impactful works that stand out.
3. What's the deal with AI in book publishing, and how does it affect authors?
While AI can be a useful tool for brainstorming ideas, outlining, and editing, there's a growing crackdown on its extensive use in generating book content. The US Copyright Office now requires authors to disclose if and how AI was used in their book's creation. Crucially, content entirely generated by AI is currently not eligible for copyright protection, meaning it falls into the public domain. This poses a significant risk as anyone could then use AI-generated portions of your book without consequence. Therefore, it's strongly advised for authors to write their own content and rely on human editors for now, as future laws could make AI-generated content public domain.
4. Is traditional publishing still a viable option for authors in 2025?
Traditional publishing is facing a significant decline. Factors include authors preferring the control and higher royalties of self-publishing, and historical issues of gatekeeping and discrimination against authors of color and female authors by major publishing houses. Traditional publishers often require authors to market their own books even after receiving an advance (which functions as debt to be repaid through sales) and the process can be slow. While traditional publishers offer connections to larger distribution networks and media, many authors are choosing to self-publish first. However, if a traditionally published book performs exceptionally well, major publishing houses may approach authors to acquire rights, offering a potentially beneficial deal without the initial burdens.
5. How can authors ensure their books are impactful and reach readers in 2025?
Readers in 2025 are much more selective due to information overload and economic pressures. They are looking for a return on their investment (ROI) from books, seeking clear solutions to their problems. To be impactful, a book needs to be written for a specific reader with a clear purpose to change their life, not just to tell a story or be generally "nice." Authors should conduct market research, be intentional about their target audience, and develop a marketing plan before launching their book. A book's success is not measured by the number of copies an author has, but by how well it sells and delivers on its promise to the reader.
6. What's the relationship between thought leadership, storytelling, and writing a book?
A thought leader is someone with an innovative way of thinking, doing, or being, who shares that innovation to effectively change others' lives. Storytelling is crucial for thought leadership because it builds emotional connection, which is essential for influence. While social media offers snippets of life, a book provides the space to tell a full story, allowing readers to connect deeply with the author's journey and insights. To create an impactful book as a thought leader, authors should combine their unique "gem" of innovation with their personal story, and present it within a clear, easy-to-understand, and repeatable framework (a plan of action).
7. How important is copyrighting and trademarking for authors in 2025?
While you are legally entitled to six exclusive copyrights immediately upon creating any work (including books), officially registering your book with the US Copyright Office is crucial. This registration provides legal proof of ownership, allowing you to sue for damages if someone infringes upon your content. It's a simple, affordable process.
Trademarking, on the other hand, protects your brand elements like book titles, series names, logos, or unique phrases. While not legally mandatory for publishing, trademarking is highly recommended for authors, especially entrepreneurs, who plan to leverage their book into a broader business, such as a podcast, coaching program, or even a TV series. It secures your brand's longevity and prevents others from using your distinctive intellectual property.
8. What are some effective strategies for funding a self-published book?
Self-published authors are responsible for investing in their book's success, with professional production costs typically ranging from $5,000 to $10,000. Common funding methods include self-financing (paying as you go), using credit cards, or leveraging crowdfunding. Crowdfunding platforms like Kickstarter and Indiegogo allow authors to raise funds by offering "perks" (tangible items or experiences) to "backers" who believe in their project. This not only provides financial support but also validates the book idea and acts as built-in marketing and audience building. Other platforms like Publishizer (specifically for authors, though less popular) and Patreon (subscription-based for recurring donations) also offer unique funding avenues. Authors should thoroughly review the terms and conditions of any crowdfunding platform they choose.
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