TLDR: Senators Marsha Blackburn, Peter Welch, Josh Hawley, and Adam Schiff have introduced the TRAIN Act, a bipartisan bill designed to empower creators to determine if their copyrighted material has been used without authorization to train generative AI models. The bill aims to provide a legal pathway for creators to access training records and seek compensation, addressing the current lack of transparency in AI development.
Washington D.C. – A bipartisan coalition of U.S. Senators, led by Senator Marsha Blackburn (R-Tenn.) and Senator Peter Welch (D-Vt.), alongside Senators Josh Hawley (R-Mo.) and Adam Schiff (D-Calif.), has introduced the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act. This significant legislation aims to provide crucial protections for creators whose copyrighted works may be used without authorization to train generative artificial intelligence (AI) models.
The TRAIN Act addresses a critical gap in current law: the lack of a reliable mechanism for copyright owners to ascertain whether AI companies have utilized their intellectual property for model training. Currently, AI developers are not legally required to disclose their training datasets, creating a “black box” scenario that leaves creators, particularly small artists, musicians, writers, and others, without recourse or knowledge of potential infringement.
Senator Blackburn emphasized the bill’s importance for the creative community, stating, “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. 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 proposed legislation would enable copyright holders with a good faith belief that their material has been used to obtain training records through an administrative subpoena. This process is modeled after existing procedures for internet piracy cases, ensuring a clear legal pathway for creators to gain transparency. The bill specifies that only training material containing the copyrighted works in question would need to be made available.
Senator Welch underscored the core principle behind the bill, noting, “If your work is used to train AI, there should be a way for you, the copyright holder, to determine that it’s been used by a training model, and you should get compensated if it was.” Senator Hawley added, “AI should be in service to the American people—not the other way around. But under current law, Big Tech’s AI companies are stealing the works of today’s creators as they box out the next generation of creators.”
The TRAIN Act has garnered widespread support from various industry organizations. Dr. Richard James Burgess MBE, President and CEO of the American Association of Independent Music (A2IM), lauded the initiative, stating, “A2IM applauds Senators Peter Welch and Marsha Blackburn for introducing the TRAIN Act—an essential move to protect artists, musicians, and independent creators from having their copyrighted work exploited to train generative AI models without permission. In the age of AI, transparency isn’t optional—it’s fundamental. This legislation arms creators with the tools to uncover unauthorized use of their work, reinforcing the rights that fuel a thriving, independent music ecosystem.”
Mitch Glazier, Chairman & CEO of the Recording Industry Association of America (RIAA), echoed this sentiment: “Artists deserve to know when their works are used and determine the parameters – the Transparency & Responsibility for Artificial Intelligence Networks (TRAIN) Act empowers rightsholders with valuable insight into which specific inputs AI companies are copying to train their models. Just as importantly, it also ensures a clear path to the courts when authorisation has not been given. RIAA commends Senator Welch and Senator Blackburn for their vision championing this vital and measured legislation, and strongly urge passage into law.”
Other prominent organizations endorsing the bill include the Recording Academy, the Authors Guild, the AFL-CIO, ASCAP, SAG-AFTRA, and the Nashville Songwriters Association International. The Authors Guild stated, “Authors have a right to know when their works have been copied into AI systems without their permission. This bill helps to achieve that commonsense goal by creating an administrative subpoena process that allows copyright owners to obtain information from AI companies about the works used to train their models.”
Also Read:
- Mediavine Urges U.S. Copyright Office for Stronger Creator Protections Against Generative AI
- Australian Shadow Minister Cautions Against Excessive AI Regulation Amidst Copyright Debate
This reintroduction of the TRAIN Act follows its initial presentation to the Senate last November, signaling continued legislative effort to establish clear guidelines and protections for intellectual property in the rapidly evolving landscape of artificial intelligence.
