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When I left the Washington Post in 2023, my colleagues and I were worried AI would hoover up our work and enable "zombies" to churn out stories based on our reporting and writing styles. Today WaPo announced a partnership with OpenAI. And here it is: Zombie Gillian Brockell. I DID NOT WRITE THIS.

When I took the history reporter job, I told my editor I would never "both sides" the Civil War, Confederates or slavery. I never did. But here, ChatGPT (pic 1) has turned my work (pics 2,3) into whitewashed pablum and put MY FUCKING NAME on it. I am livid, I am shaking. I don't know what to do.

WaPo owns the words I wrote for them, and they have the right to create derivative works, like a movie, from those words, though iirc they had to give the reporter a cut of the deal. They do no the right to use my name OR TO CONFER THE USE OF MY NAME TO A THIRD PARTY.

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That's an appropriation of your name. That is part of privacy/publicity law which is state law, not federal like copyright. Try lawyers who specialize in Intellectual Property law. Some who advertise that they handle "entertainment law" may also be familiar with the statutes & case law.

I am so so sorry. I loved your work at WaPo. I would be willing to sign a letter stating that I will not be using WaPo in my classroom or personal life because of their use of OpenAI. It’s theft and impersonation.

You could sue them for trademark infringement for tarnishing your name. I would sue under section 43B of the Lanahm Act, the false advertising prong. I wrote a law review article in 2006 about using the false advertising prong to enforce moral rights.

Yup. The unlicensed use of your name and reputation is an excellent angle to sue imo. Definitely consult with lawyers on this! Tbh any law firm currently suing Open Ai on copyright infringement and unlicensed use of reputation/name would be good as chances are they are well versed in this!

Btw for transparency sake, I’m a plaintiff of one class action lawsuit agains various GenAi companies for copyright infringement and also trade dress violations. Matthew Butterick, Joseph Saveri Lawfirm, Lockridge and a few other firms represent us. They’ve done amazing work! Also-

This is a more accurate (if boring) summary of my writing on Lee, with links, similar to derivative work or search engine result. But ChatGPT shouldn’t put my byline on smtg I didn’t write, EVEN IF IT IS ASKED TO! It won’t give me naked pics of your mom if I ask it to, it shouldn’t do this either.

Those are your words, but not your thoughts, they are misrepresenting your actual meaning and thoughts on the matter. A lawsuit would be "self" versus AI & WAPO for misinterpretation of the mind and soul of the writer.

Regulations with technologies should focus on the personal responsabilities of the ones using the technology, not the technology itslef. Photoshop can be used to create images of naked minors yet we dont prosecute phtoshop but the people that makes those images, I don't think this should be diffrent

I advocate for regulate AI use but that should be in form of making easier to trace who made each request, if someone is trying to use AI to falsify your content we should have the tools to identify that person, since that person is the most responsible not the technology itslef.

1st, IANAL. However: I think this is what it comes down to. If WaPo works out a deal with OpenAI to allow WaPo content to be used as training data, and their content rights includes your articles, it may be hard to go after WaPo. The output seems to be at the crux of the issue, and that’s on OpenAI.

Get copyright infringement and defamation lawyer(s) who can sue over your ownership of the work and the use of your name on something they changed and that you would never write. Even though WaPo has the right to tweak they don't have the right to change meaning and context and use your name.