A bipartisan bill recently offered by U.S. Sen. Marsha Blackburn (R-TN) would create an administrative subpoena process to assist copyright owners in determining which of their copyrighted works have been used in the training of artificial intelligence (AI) models.
Specifically, the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act, S. 2455, would help creators, musicians, artists, writers, and others access the courts by allowing copyright holders to access training records used for AI models to determine if their work was used, according to a bill summary provided by Sen. Blackburn’s staff.
“Tennessee is home to a thriving creative community filled with musicians, artists, and creators who must have protections in place against the misuse of their content,” Sen. Blackburn said. “The TRAIN Act would protect creators by allowing them to access the courts to find out if their work is being used to train generative AI models and seek compensation for that misuse.”
The senator on July 24 signed on as the lead original cosponsor of S. 2455, which is sponsored by U.S. Sen. Peter Welch (D-VT).
If enacted, S. 2455 would promote transparency about when and how copyrighted works are used to train generative AI models by enabling copyright holders to obtain this information through an administrative subpoena.
Modeled on the process used for matters of internet piracy, the bill would provide access to the courts for copyright holders with a good faith belief that their copyrighted material was used. Only training material with their copyrighted works would be required to be made available, according to the bill summary.
Additionally, S. 2455 would ensure that subpoenas are granted only upon a copyright owner’s sworn declaration that they have a good faith belief their work was used to train the model, and that their purpose is to protect their rights. Failure to comply with a subpoena would create a rebuttable presumption that the model developer made copies of the copyrighted work, the summary says.
The bill has garnered support from numerous entities, including the Recording Industry Association of America, the Recording Academy, the Nashville Songwriters Association International, the Human Artistry Campaign, SAG-AFTRA National, the National Music Publishers’ Association, the Songwriters Guild of America, the American Federation of Musicians, and the Society of Composers & Lyricists, among many others.