II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transparency and Re5 sponsibility for Artificial Intelligence Networks Act’’ or 

6 the ‘‘TRAIN Act’’. 


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•S 5379 IS

1 SEC. 2. SUBPOENA FOR COPIES OR RECORDS RELATING TO 

2 ARTIFICIAL INTELLIGENCE MODELS. 

3 (a) IN GENERAL.—Chapter 5 of title 17, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 514. Subpoena for copies or records relating to ar7 tificial intelligence models 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ARTIFICIAL INTELLIGENCE.—The term 

10 ‘artificial intelligence’ has the meaning given the 

11 term in section 5002 of the National Artificial Intel12 ligence Initiative Act of 2020 (15 U.S.C. 9401). 

13 ‘‘(2) ARTIFICIAL INTELLIGENCE MODEL.—The 

14 term ‘artificial intelligence model’ means a compo15 nent of an information system that implements arti16 ficial intelligence technology and uses computational, 

17 statistical, or machine-learning techniques to 

18 produce outputs from a given set of inputs. 

19 ‘‘(3) GENERATIVE ARTIFICIAL INTELLIGENCE

20 MODEL.—The term ‘generative artificial intelligence 

21 model’ means an artificial intelligence model that 

22 emulates the structure and characteristics of input 

23 data in order to generate derived synthetic content, 

24 which may include images, videos, audio, text, and 

25 other digital content. 


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1 ‘‘(4) MODEL DEVELOPER OR DEPLOYER.—The 

2 term ‘model developer or deployer’ means a person 

3 that develops or deploys a generative artificial intel4 ligence model. 

5 ‘‘(b) REQUEST.—The legal or beneficial owner of an 

6 exclusive right under a copyright, or a person authorized 

7 to act on the owner’s behalf, may request the clerk of any 

8 United States district court to issue a subpoena to a model 

9 developer or deployer for disclosure of copies of, or records 

10 sufficient to identify with certainty, the copyrighted works, 

11 or any portion thereof, likely owned or controlled by the 

12 legal or beneficial owner that were used by the model de13 veloper or deployer to train the generative artificial intel14 ligence model, if the legal or beneficial owner or authorized 

15 person has a subjective good faith belief that the model 

16 developer or deployer used some or all of 1 or more such 

17 copyrighted works to train the generative artificial intel18 ligence model. 

19 ‘‘(c) CONTENTS OF REQUEST.—A request under sub20 section (b) may be made by filing with the clerk— 

21 ‘‘(1) a proposed subpoena; and 

22 ‘‘(2) a sworn declaration to the effect that— 

23 ‘‘(A) the legal or beneficial owner or au24 thorized person has a subjective good faith be25 lief that the model developer or deployer used 


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1 some or all of 1 or more of the copyrighted 

2 works owned or controlled by the legal or bene3 ficial owner to train the generative artificial in4 telligence model; 

5 ‘‘(B) the purpose for which the subpoena is 

6 sought is to obtain copies of the training mate7 rial, or records sufficient to identify with cer8 tainty the training material, used to train the 

9 generative artificial intelligence model in order 

10 to determine whether the model developer or 

11 deployer has used copyrighted works owned or 

12 controlled by the legal or beneficial owner in 

13 connection with the generative artificial intel14 ligence model; and 

15 ‘‘(C) the copies or records will only be used 

16 for the purpose of protecting the rights of the 

17 legal or beneficial owner. 

18 ‘‘(d) CONTENTS OF SUBPOENA.—A subpoena issued 

19 pursuant to a request under subsection (b) shall authorize 

20 and order the model developer or deployer receiving the 

21 subpoena to expeditiously disclose to the legal or beneficial 

22 owner or authorized person all records described in that 

23 subsection. 

24 ‘‘(e) BASIS FOR GRANTING SUBPOENA.—If a pro25 posed subpoena described in subsection (c)(1) is in proper 


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1 form, and the accompanying declaration described in sub2 section (c)(2) is properly executed, the clerk shall expedi3 tiously issue and sign the proposed subpoena and return 

4 it to the requester for delivery to the model developer or 

5 deployer. 

6 ‘‘(f) ACTIONS OF MODEL DEVELOPER OR DEPLOYER

7 RECEIVING SUBPOENA.—Upon receipt of a subpoena 

8 issued under subsection (e), a model developer or deployer 

9 shall expeditiously disclose to the legal or beneficial owner 

10 or authorized person the copies or records requested by 

11 the subpoena. 

12 ‘‘(g) RULES APPLICABLE TO SUBPOENA.—Unless 

13 otherwise provided by this section or by applicable rules 

14 of the court, the procedure for issuance and delivery of 

15 a subpoena issued under subsection (e), and the remedies 

16 for noncompliance with the subpoena, shall be governed 

17 to the greatest extent practicable by the provisions of the 

18 Federal Rules of Civil Procedure governing the issuance, 

19 service, and enforcement of a subpoena duces tecum. 

20 ‘‘(h) REBUTTABLE PRESUMPTION.—If a model devel21 oper or deployer fails to comply with a subpoena issued 

22 under subsection (e), that failure shall provide a rebutta23 ble presumption that the model developer or deployer 

24 made copies of the copyrighted work. 


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1 ‘‘(i) EFFECTIVE DATE.—This section shall take ef2 fect on the date of enactment of this section.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

4 The table of sections for chapter 5 of title 17, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

‘‘514. Subpoena for copies or records relating to artificial intelligence models.’’. 

Æ 


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