Like any other right we exercise, technology is no different. Our right to do something is balanced by our innate responsibility. Meaning: just because you can do something, should you do it? What are the ramifications? What is the legal perspective?
In recent weeks, technology has been used in an unscrupulous fashion. From images to videos, prominent figures in society are being defamed for clickbait. Clickbait is emotional advertisements that invoke a strong reaction like anger, hate, surprise, shock, and even curiosity. If you feel impassioned by a headline and its imagery, then it is best to steer clear of that link. This manipulation is milking the public for money without adding anything positive to culture.
Let’s say that you are an actor or musician in the public eye. Your identity is your source of notoriety and income. The public buys your products because they enjoy your style, image, and music or movies. The actor or musician also has contracts with production companies, record labels, agents, and others in their industry that bank on that specific style, image, and product. Many contracts have legal clauses, which prohibit any deviation from the artist’s public persona, as well as morality terms. A public figure has a vested interest in keeping the status quo.
If someone creates an Artificial Intelligence (A.I.) image of an inappropriate nature, then the creator of said image has defamed you. Imagine that you are a young, female popstar with an innocent, wholesome image, but someone creates an A.I. representation of you as a blood-soaked, slut, then the generator of said image has defamed you as an artist. The same goes with male actors, who are purported to say or do something on video that is not them.
The term “defamation” means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person.
The First Amendment protects speech and freedom of expression, but not defamation, be it libel or slander. A public figure owns their appearance and likeness, public image, and other copyright and trademark rights. The First Amendment states:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
If you would like to state unfavorable political, religious, social, or other views, then your right to say or write them is protected speech. Hate speech, which this fascistic phrase is not a legal term, is covered by the Bill of Rights. The right to speak, even to be silent (Miranda Rights), are both covered by the First Amendment. Comedy, as well as parody (Spaceballs) and criticism of another’s works (Book & Movie Reviews), are preserved as a right.
Nevertheless, the First Amendment does not cover every facet of speech or expression. For instance, freedom of speech does not grant someone the right to shout fire in a crowded theater, or threaten the health and safety of other people (fighting words). Pornographic materials created with minors is unprotected speech and expression (child pornography). Reckless disregard for facts and truth about a public figure is considered defamation (malice). Other actions unshielded by the First Amendment include: obscenity, perjury, blackmail, incitement (to be lawless), solicitation (to commit a crime), fraud, and plagiarism.
In the age of technology, users must understand and navigate the legal framework of their rights, including speech and expression. What does the creative community do in an ever-changing landscape of expressive and innovative technology? First, read the law. Next, research case law. Both of these legal avenues will help creators create with peace of mind.
Copyright in the United States as a general rule is the death of the artist, actor, musician, et al., plus seventy years. If you would like to delve into the entirety of the law, visit the U.S. Copyright Office: www.copyright.gov/title17.
Besides laws to govern new technology, the best way to balance rights and responsibilities is to ask yourself: would I like someone doing that to me, my works, or my copyright/trademark? If the answer is no, then you have found the legal threshold.
__________
DL Mullan holds a Master of Arts in Teaching and Learning with Technology.
Her lecture, Spacescapes: Where Photography Ends; Imagination Begins, debuted at the Phoenix Astronomy Society, which then led to her Sally Ride Festival lecture invitations. Her presentation, Bridging the Gap between Technology and Women, won her accolades at a community college’s Student Success Conference. She has been a panelist at speculative fiction, science fiction, and other regional conventions. Her digital exhibition pieces have won awards at convention art shows, as well as garnered her Second Premium at the Arizona State Fair. Currently, Ms. Mullan’s artistic renditions are seen on book covers, blog sites, video presentations, and various merchandise. As an independent publisher, she uses her technical background to innovate the creative arts.
As a writer, DL Mullan loves to stretch her imagination and the elasticity of genres. She writes complex multi-genre stories in digestible and entertaining forms, be it poetry, short fiction, or novels. Her science, history, mythology, and paranormal research backgrounds are woven into her writings, especially in Undawnted’s Legacy Universe. Ms. Mullan’s creative endeavors are available in digital and print collections, from academia to commercial anthologies. She is also an award-winning poet.
Be sure to subscribe to her newsletters and follow her on social media. For further information, visit her at www.undawnted.com and www.undawntech.top.
________________________________________________
Want to be sure not to miss any of DL Mullan’s “Undawntech” segments? Subscribe to Writing to be Read for e-mail notifications whenever new content is posted or follow WtbR on WordPress. If you found it interesting or informative, please share.
Since technology is ubiquitous in our modern lives, sometimes it is nice to peel back the layers and see how devices serve us, to identify when we are serving them and break that negative feedback loop. Technology in its proper place enhances our life experience. That brings us to the scope of this column. Our discourse will range from computers, writing and image software, artificial intelligence, video creation, social media, and other applications, as well as our handy peripherals.
Creators are barraged with advertisements and gadgets to make their lives as writers easier, but do they really make our lives better? When faced with the new versus the old, which one wins out in the end? And are expensive items just a gimmick when a tried and true device will do? Or, is this situation another case of buying a different waffle maker each holiday season to the point where the cupboards are filled with old versions of the same gadget, but they no longer serve a real purpose? Let’s clean out the storage, make a list, and remove what no longer serves our ability to do what we love. Then we will have what we need to create from our imaginations, instead of worrying about the next waffle maker.
For instance, spellcheck and grammar programs, I have two different ones on my computer to see which one serves my needs. One tells me that I require a comma for a clause. The other one tells me to remove the comma from the sentence. Which one is correct? Could both programs be right? Wrong? In the age of technology, sometimes the simplest answer is to read the language rule to decide, if the comma is necessary or not. There is nothing like computer program arguments to wish for a time without them.
Technology can be foreboding, yet indispensable in the creative arts. In the coming months, we will work together to build a knowledge base that helps unleash the creator in us all while working with technology and allowing it to serve our greatest and highest good.
I look forward to Writing to be Read readers joining me on this new adventure.
_____
DL Mullan holds a Master of Arts in Teaching and Learning with Technology. Her lecture, Spacescapes: Where Photography Ends; Imagination Begins, debuted at the Phoenix Astronomy Society, which then led to her Sally Ride Festival lecture invitations. Her presentation, Bridging the Gap between Technology and Women, won her accolades at a community college’s Student Success Conference. She has been a panelist at speculative fiction, science fiction, and other regional conventions. Her digital exhibition pieces have won awards at convention art shows, as well as garnered her Second Premium at the Arizona State Fair. Currently, Ms. Mullan’s artistic renditions are seen on book covers, blog sites, video presentations, and various merchandise. As an independent publisher, she uses her technical background to innovate the creative arts.
As a writer, DL Mullan loves to stretch her imagination and the elasticity of genres. She writes complex multi-genre stories in digestible and entertaining forms, be it poetry, short fiction, or novels. Her science, history, mythology, and paranormal research backgrounds are woven into her writings, especially in Undawnted’s Legacy Universe. Ms. Mullan’s creative endeavors are available in digital and print collections, from academia to commercial anthologies. She is also an award-winning poet.
Be sure to subscribe to her newsletters and follow her on social media. For further information, visit her at www.undawnted.com.
Want to be sure not to miss any of DL Mullan’s “Undawntech” segments? Subscribe to Writing to be Read for e-mail notifications whenever new content is posted or follow WtbR on WordPress. If you found it interesting or informative, please share.
Undawntech: Emergence of the Engineered Reaction
Posted: February 2, 2024 | Author: DL Mullan/Undawntech | Filed under: Commentary, Technolgy, Undawntech, Writing Technology | Tags: AI Technology, technology, Undawntech, Writing Technology, Writing to be Read | 3 CommentsLike any other right we exercise, technology is no different. Our right to do something is balanced by our innate responsibility. Meaning: just because you can do something, should you do it? What are the ramifications? What is the legal perspective?
In recent weeks, technology has been used in an unscrupulous fashion. From images to videos, prominent figures in society are being defamed for clickbait. Clickbait is emotional advertisements that invoke a strong reaction like anger, hate, surprise, shock, and even curiosity. If you feel impassioned by a headline and its imagery, then it is best to steer clear of that link. This manipulation is milking the public for money without adding anything positive to culture.
Let’s say that you are an actor or musician in the public eye. Your identity is your source of notoriety and income. The public buys your products because they enjoy your style, image, and music or movies. The actor or musician also has contracts with production companies, record labels, agents, and others in their industry that bank on that specific style, image, and product. Many contracts have legal clauses, which prohibit any deviation from the artist’s public persona, as well as morality terms. A public figure has a vested interest in keeping the status quo.
If someone creates an Artificial Intelligence (A.I.) image of an inappropriate nature, then the creator of said image has defamed you. Imagine that you are a young, female popstar with an innocent, wholesome image, but someone creates an A.I. representation of you as a blood-soaked, slut, then the generator of said image has defamed you as an artist. The same goes with male actors, who are purported to say or do something on video that is not them.
The First Amendment protects speech and freedom of expression, but not defamation, be it libel or slander. A public figure owns their appearance and likeness, public image, and other copyright and trademark rights. The First Amendment states:
If you would like to state unfavorable political, religious, social, or other views, then your right to say or write them is protected speech. Hate speech, which this fascistic phrase is not a legal term, is covered by the Bill of Rights. The right to speak, even to be silent (Miranda Rights), are both covered by the First Amendment. Comedy, as well as parody (Spaceballs) and criticism of another’s works (Book & Movie Reviews), are preserved as a right.
Nevertheless, the First Amendment does not cover every facet of speech or expression. For instance, freedom of speech does not grant someone the right to shout fire in a crowded theater, or threaten the health and safety of other people (fighting words). Pornographic materials created with minors is unprotected speech and expression (child pornography). Reckless disregard for facts and truth about a public figure is considered defamation (malice). Other actions unshielded by the First Amendment include: obscenity, perjury, blackmail, incitement (to be lawless), solicitation (to commit a crime), fraud, and plagiarism.
www.britannica.com/topic/First-Amendment/Permissible-restrictions-on-expression
In the age of technology, users must understand and navigate the legal framework of their rights, including speech and expression. What does the creative community do in an ever-changing landscape of expressive and innovative technology? First, read the law. Next, research case law. Both of these legal avenues will help creators create with peace of mind.
Copyright in the United States as a general rule is the death of the artist, actor, musician, et al., plus seventy years. If you would like to delve into the entirety of the law, visit the U.S. Copyright Office: www.copyright.gov/title17.
Besides laws to govern new technology, the best way to balance rights and responsibilities is to ask yourself: would I like someone doing that to me, my works, or my copyright/trademark? If the answer is no, then you have found the legal threshold.
__________
DL Mullan holds a Master of Arts in Teaching and Learning with Technology.
Her lecture, Spacescapes: Where Photography Ends; Imagination Begins, debuted at the Phoenix Astronomy Society, which then led to her Sally Ride Festival lecture invitations. Her presentation, Bridging the Gap between Technology and Women, won her accolades at a community college’s Student Success Conference. She has been a panelist at speculative fiction, science fiction, and other regional conventions. Her digital exhibition pieces have won awards at convention art shows, as well as garnered her Second Premium at the Arizona State Fair. Currently, Ms. Mullan’s artistic renditions are seen on book covers, blog sites, video presentations, and various merchandise. As an independent publisher, she uses her technical background to innovate the creative arts.
As a writer, DL Mullan loves to stretch her imagination and the elasticity of genres. She writes complex multi-genre stories in digestible and entertaining forms, be it poetry, short fiction, or novels. Her science, history, mythology, and paranormal research backgrounds are woven into her writings, especially in Undawnted’s Legacy Universe. Ms. Mullan’s creative endeavors are available in digital and print collections, from academia to commercial anthologies. She is also an award-winning poet.
Be sure to subscribe to her newsletters and follow her on social media. For further information, visit her at www.undawnted.com and www.undawntech.top.
________________________________________________
Want to be sure not to miss any of DL Mullan’s “Undawntech” segments? Subscribe to Writing to be Read for e-mail notifications whenever new content is posted or follow WtbR on WordPress. If you found it interesting or informative, please share.
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