[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5379 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5379
To 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 models.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 21, 2024
Mr. Welch introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To 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 models.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency and Responsibility for
Artificial Intelligence Networks Act'' or the ``TRAIN Act''.
SEC. 2. SUBPOENA FOR COPIES OR RECORDS RELATING TO ARTIFICIAL
INTELLIGENCE MODELS.
(a) In General.--Chapter 5 of title 17, United States Code, is
amended by adding at the end the following:
``Sec. 514. Subpoena for copies or records relating to artificial
intelligence models
``(a) Definitions.--In this section:
``(1) Artificial intelligence.--The term `artificial
intelligence' has the meaning given the term in section 5002 of
the National Artificial Intelligence Initiative Act of 2020 (15
U.S.C. 9401).
``(2) Artificial intelligence model.--The term `artificial
intelligence model' means a component of an information system
that implements artificial intelligence technology and uses
computational, statistical, or machine-learning techniques to
produce outputs from a given set of inputs.
``(3) Generative artificial intelligence model.--The term
`generative artificial intelligence model' means an artificial
intelligence model that emulates the structure and
characteristics of input data in order to generate derived
synthetic content, which may include images, videos, audio,
text, and other digital content.
``(4) Model developer or deployer.--The term `model
developer or deployer' means a person that develops or deploys
a generative artificial intelligence model.
``(b) Request.--The legal or beneficial owner of an exclusive right
under a copyright, or a person authorized to act on the owner's behalf,
may request the clerk of any United States district court to issue a
subpoena to a model developer or deployer for disclosure of copies of,
or records sufficient to identify with certainty, the copyrighted
works, or any portion thereof, likely owned or controlled by the legal
or beneficial owner that were used by the model developer or deployer
to train the generative artificial intelligence model, if the legal or
beneficial owner or authorized person has a subjective good faith
belief that the model developer or deployer used some or all of 1 or
more such copyrighted works to train the generative artificial
intelligence model.
``(c) Contents of Request.--A request under subsection (b) may be
made by filing with the clerk--
``(1) a proposed subpoena; and
``(2) a sworn declaration to the effect that--
``(A) the legal or beneficial owner or authorized
person has a subjective good faith belief that the
model developer or deployer used some or all of 1 or
more of the copyrighted works owned or controlled by
the legal or beneficial owner to train the generative
artificial intelligence model;
``(B) the purpose for which the subpoena is sought
is to obtain copies of the training material, or
records sufficient to identify with certainty the
training material, used to train the generative
artificial intelligence model in order to determine
whether the model developer or deployer has used
copyrighted works owned or controlled by the legal or
beneficial owner in connection with the generative
artificial intelligence model; and
``(C) the copies or records will only be used for
the purpose of protecting the rights of the legal or
beneficial owner.
``(d) Contents of Subpoena.--A subpoena issued pursuant to a
request under subsection (b) shall authorize and order the model
developer or deployer receiving the subpoena to expeditiously disclose
to the legal or beneficial owner or authorized person all records
described in that subsection.
``(e) Basis for Granting Subpoena.--If a proposed subpoena
described in subsection (c)(1) is in proper form, and the accompanying
declaration described in subsection (c)(2) is properly executed, the
clerk shall expeditiously issue and sign the proposed subpoena and
return it to the requester for delivery to the model developer or
deployer.
``(f) Actions of Model Developer or Deployer Receiving Subpoena.--
Upon receipt of a subpoena issued under subsection (e), a model
developer or deployer shall expeditiously disclose to the legal or
beneficial owner or authorized person the copies or records requested
by the subpoena.
``(g) Rules Applicable to Subpoena.--Unless otherwise provided by
this section or by applicable rules of the court, the procedure for
issuance and delivery of a subpoena issued under subsection (e), and
the remedies for noncompliance with the subpoena, shall be governed to
the greatest extent practicable by the provisions of the Federal Rules
of Civil Procedure governing the issuance, service, and enforcement of
a subpoena duces tecum.
``(h) Rebuttable Presumption.--If a model developer or deployer
fails to comply with a subpoena issued under subsection (e), that
failure shall provide a rebuttable presumption that the model developer
or deployer made copies of the copyrighted work.
``(i) Effective Date.--This section shall take effect on the date
of enactment of this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 5 of title 17, United States Code, is amended by adding at the
end the following:
``514. Subpoena for copies or records relating to artificial
intelligence models.''.
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