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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5379 Introduced in Senate (IS)]

<DOC>

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.''.
                                 <all>
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