The Art of Appreciation

That look of joy on a person’s face when you let them know what they have done is valuable. Perhaps it is one of surprise because they didn’t think anyone noticed. Maybe you aren’t present to see that look, but you receive a text or email in response with happy emojis or words of acknowledgement. This is the result of appreciation.

Lawyers and their staff teams work tremendously hard in meeting clients’ and employers’ expectations. This is a tough job in challenging environments and being paid for our services is part of the deal. Being appreciated however, is next level. Appreciation is more than “thank you.” It is recognizing effort, worth, distinction. That which is appreciated doesn’t need to be monumental. The act of appreciation doesn’t have to be huge either.

Offering appreciation makes a huge difference. Receiving appreciation can be a boost of energy, a reassurance and sometimes a cathartic release. Those all-important serotonin levels can be positively affected by both offering and receiving appreciation. Appreciation can transform a working relationship or a volunteer experience and can be critical during career and life transitions.

I always encourage early career lawyers to keep expressions of appreciation from clients, mentors or supervisors. Re-reading that email or card on the not-so-good days reminds you that your work is valued. And be sure to forward expressions of appreciation of your staff to them (and deliver your own). That is a great way to build teamwork and your team’s confidence.

CBABC appreciates our hundreds of volunteers. This association can’t deliver on its promise to members without that partnership between volunteers and staff. At our June Provincial Council meeting, our advisors received gifts of appreciation and we recently delivered gifts and messages to our Section executives and Committee volunteers.

Planning meetings for members, working on submissions to government, supporting Section executives, and advising our staff is valuable. We know it takes time. It takes extra effort on your part and a sacrifice of home and work time. Your work and insights help us improve what and how we support members of CBABC.

Appreciation can be shown to those who report to us and our peers. It also makes a difference to those a bit ahead of us. Thanking our mentors, champions and teachers, and sharing stories of seemingly inconsequential moments that had meaning, tells that colleague that their life is not just about the business of law, but about the relationships that make this career choice worthwhile. In this season of awards presentations, call and welcoming ceremonies, and retirement celebrations, I’ve watched the impact of these stories on the honorees. Being told you are valued can never be overdone.

Studies have found that due to negativity bias, we need to hear 5-7 positive comments to overcome one negative. Think about that. Are you getting enough appreciation, positive interactions or praise? Appreciation can go a long way to balancing out those negative comments. And there are benefits to those who offer appreciation too! The practice of gratitude, to purposefully identify something good, is related to appreciation, and similarly has positive health impacts.

How to deliver appreciation? Well, it is a bit of an art, but here are the basics. It starts with paying attention and identifying what someone has done that is valuable to you. Being specific about that increases the impact of your appreciation. Then you tell them with words, a lawyer’s stock and trade. To truly land the message, be sure to follow up with actions that show that your words were authentic (appreciation can take the form of actions too).

As we head into the busy fall term, look for opportunities to express appreciation. You’ll be glad you did.

Kerry L. Simmons, KC ksimmons@cbabc.org

JENNIFER MARLES AND JAYDE WOOD

Back when the printing press first came into use, copyright was simple and sweet. Over time, copyright has evolved into a complex area of law. Now, add in new developments, like NFTs (non-fungible tokens) and AI (artificial intelligence), and copyright issues become exponentially more complicated, as well as philosophical.

Copyright is a principal means for protecting creative works. Creativity and artistic expressions have historically been a big part of what separates us from machines. For example, the U.S. Copyright Office takes the position that copyright can protect only material that is the product of “human creativity.” However, if you have had a chance to try ChatGPT or Dall-E, you might find these AI programs give the illusion of being creative. So, what makes human creativity and what does copyright have to do with it? We will try to make sense of this new wave of digital revolution and its impact on copyright against the philosophical question of “human creativity.”

To unpack the copyright issues in the context of digital artistic works, let’s start by unpacking NFTs. While NFTs have come to be associated with specific collections of very expensive digital artwork (think Bored Ape Yacht Club), the artwork and the underlying NFT are actually separate elements. The NFT is a unique digital identifier that is recorded on a blockchain, which can be used to certify ownership and authenticity. As a piece of information, the NFT itself is not subject to copyright protection, but artwork associated with the NFT can be.

In practice, NFTs are usually created using collections of artwork, involving thousands of individual works. That collection of artwork is frequently generated with the assistance of a computer, which may or may not involve the use of AI. If a computer or AI is involved in the creation of the artwork, there is an issue as to whether copyright subsists at all. Many countries,

Canadian IP Office recently granted registration for SURYAST, an artistic work identifying AI as a co-author.

Thus, whether an artistic work is protected by copyright or not depends on how much “human creativity” was involved. If there is not enough human involvement, the resultant artwork is not protected by copyright, and anyone may freely reproduce it. As a further wrinkle, even assuming there is sufficient human involvement to give rise to copyright, creation and transfer of including the U.S. and EU, have taken the position that a work that is generated purely by AI cannot be the subject of copyright protection. However, AI-assisted works may be copyrighted. For example, the the NFT generally does not include a transfer of copyright (although this is fact specific). So, the owner of the NFT may well not own copyright in the underlying artistic work represented by the NFT. This leaves the question of what exactly the NFT is rather muddy.

As we approach the word limit, we fear that we have made little sense of copyright, AI and NFTs, although we have pointed out some issues to consider. However, this particular intellectual exercise and the various feelings, e.g., curiosity and frustration, that are associated with it are perhaps what ultimately make us “human” lawyers.