U.S. Senator Marsha Blackburn (R-Tenn.) has joined Senators Peter Welch (D-Vt.), Josh Hawley (R-Mo.), and Adam Schiff (D-Calif.) in introducing the bipartisan Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act. The legislation is intended to help creators, musicians, artists, writers, and others protect their copyrighted works if they are used to train generative artificial intelligence (AI) models.
The TRAIN Act would allow copyright holders to access training records used by AI models to determine if their work was involved. Currently, there is no reliable way for copyright owners to know whether AI companies have used their works without permission during the training of AI systems. This situation has created challenges for small creators who face novel legal issues due to AI copying their work. Few AI companies disclose details about how their models are trained, and existing law does not require them to share this information with creators.
“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,” said Senator Blackburn. “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 bill proposes an administrative subpoena process modeled after those used in internet piracy cases. It would give copyright holders with a good faith belief that their material was used a path to request specific training materials from AI developers through the courts. Subpoenas could only be granted following a sworn declaration from the copyright owner asserting such belief and intent to protect their rights. If an AI developer fails to comply with a subpoena, it creates a rebuttable presumption that they copied the copyrighted work.
Support for the TRAIN Act comes from several organizations representing music publishers, songwriters, authors, voice actors, independent musicians, and other creative professionals.
“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 authorization 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,” said Mitch Glazier, Chairman & CEO, Recording Industry Association of America (RIAA).
“The TRAIN Act is a vital step toward ensuring transparency and protecting creators from the unauthorized use of their copyrighted work. The Recording Academy applauds Senator Welch and Senator Blackburn for their leadership and dedication to upholding creators’ rights,” said Harvey Mason jr., CEO, Recording Academy.
“Human authors and their copyrights must be valued and protected. The TRAIN Act is an important step toward creating guardrails around Generative Artificial Intelligence that, unchecked, threatens the livelihoods of human creators. We are appreciative to Senators Blackburn and Welch for their leadership on this issue and look forward to providing America’s songwriters the tools they need to protect their work in an ever-changing digital environment,” said Nashville Songwriters Association International.
“The Transparency & Responsibility for Artificial Intelligence Networks (TRAIN) Act is a thoughtful step forward for creators’ rights in the AI landscape. By allowing artists and rightsholders to subpoena information about what inputs were used in an AI program, the bill will increase transparency and create an avenue for recourse when work is used without consent. Transparency is a key tenet of the Human Artistry Campaign’s principles for responsible and ethical AI, and we’re grateful to Senator Welch for his leadership on this issue,” said Dr. Moiya McTier, Senior Advisor, Human Artistry Campaign.
“SAG-AFTRA applauds Sen. Peter Welch for introducing the much-needed TRAIN Act. Intellectual property must be protected in the A.I. age and we’re encouraged that lawmakers like Sen. Welch are taking critical action to prioritize human creativity in this new era,” said Duncan Crabtree-Ireland, Executive Director & Chief Negotiator, SAG-AFTRA National.
“SESAC applauds the TRAIN Act, which clears an efficient path to court for songwriters whose work is used by AI developers without authorization or consent. Senators Welch and Blackburn’s narrow approach will promote responsible innovation and AI while protecting the creative community from unlawful scraping and infringement of their work,” said John Josephson, Chairman and CEO, SESAC Music Group.
“The future of America’s vibrant creative economy depends upon laws that protect the rights of human creators. By requiring transparency about when and how copyrighted works are used to train generative AI models, the TRAIN Act paves the way for creators to be fairly compensated for the use of their work. On behalf of ASCAP’s more than one million songwriter[s], composer[s] [and] music publisher members, we applaud Senators Welch and Blackburn for their leadership,” said Elizabeth Matthews, CEO, American Society of Composers Authors & Publishers (ASCAP).
“Some AI companies are using creators’ copyrighted works without their permission or compensation to ‘train’ their systems but there is currently no way for creators to confirm that use or require companies to disclose it. The TRAIN Act will provide a legal avenue for music creators to compel these companies to disclose those actions which will be a step in the right direction towards greater transparency and accountability. BMI thanks Senator Welch for introducing this important legislation,” said Mike O’Neill President & CEO Broadcast Music Inc (BMI).
“We greatly appreciate Senators Welch and Blackburn’s leadership on addressing the complete lack of regulation and transparency surrounding songwriters’ works being used to train generative AI models.The TRAIN Act proposes an administrative subpoena process that enables rightsholders [to] hold AI companies accountable by instituting precise record-keeping standards [and] giving rightsholders [the ability]to see whether their copyrighted works have been used without authorization.We strongly support [the] bill which gives creators a pathway [to] justice from massive AI platforms exploitingtheirwork,”said David Israelite President & CEO National Music Publishers’ Association(NMPA).
“The Authors Guild applauds Senator Peter Welchfor introducingtheTRAINAct.Authors havea righttoknow whentheirworks havebeen copiedintoAI systemswithouttheirpermission.ThisbillhelpstoachievethatcommonsensegoalbycreatinganadministrativesubpoenaprocessthatallowscopyrightownerstoobtaininformationfromAIcompaniesabouttheworksusedtotraintheirmodels.AstheGuildhaslongrecognized,thiskindoftransparencyisessentialtogivingauthorstheabilitytoenforcetheirrights.WelookforwardtoworkingwithSenatorWelchandothermembersofCongressinmovingthebilltowardswiftpassage,”saidtheAuthorsGuild.
“The American SocietyforCollectiveRightsLicensing(ASCRL),thelargestphotographyandillustrationorganizationintheUnitedStateswhoseconstituentsincludeover40 000photographersandover17 000illustratormembers thanksSenatorPeterWelch(D-VT)forintroducingtheTransparencyandResponsibilityforArtificialIntelligenceNetworks(TRAIN)Act.ThebillseekstopromotetransparencyconcerningunauthorizedusesofcopyrightedworksbygenerativeAIsystemsthroughthecreationofanewadministrativesubpoenaprocess.ASCRLwasestablishedbyandforauthorsandlooksforwardtoworkingwithSenatorWelchtotoaddanothertoolinthetoolbeltforauthorstoprotecttheirrightsinthisverychallengingnewtechnologicalenvironment,”saidJamesSilverbergCEOTheAmericanSocietyforCollectiveRightsLicensing(ASCRL).
“TheSongwritersGuildofAmerica(SGA)extendsitssincerestthankstoSenatorPeterWelch(D-Vt)fortheinitiativeshisofficeisundertakinginseekingtoprotecttherightsofsongwritersandcomposersthroughintroductionoftheTransparencyandResponsibilityforArtificialIntelligenceNetworks(TRAIN)Act.Amongotherpositives,thebillseekstopromotetransparencyconcerningunauthorizedusesofcopyrightedworksbygenerativeAIsystemsthroughthecreationofanewadministrativesubpoenaprocess.SGAremainsastrongsupporterofthependingNoFakesActtoprotectperformers’rightsofpublicityinthenew,generativeAIworld,butisadditionallyelatedthatSenatorWelchandothersrecognizethatfarmoreneedstobedonelegislativelytoprotectmusiccreators’rightsinthisverychallenging,newenvironment.TheTRAINActrepresentsanotherindispensablestepinthatprocess.Weapplauditsintroduction,andintendtoworkwiththeSenator’sofficeinhelpingittoconsiderthemosteffectivemethodologiespossibletoprotectAmericancreatorsandmusicalcultureinthecontextofGenAI,”saidRickCarnesPresidentSongwritersGuildofAmerica(SGA).
“A2IMapplaudsSenatorsPeterWelchandMarshaBlackburnforintroducingtheTRAINAct—anessentialmovetoprot ectartists,musicians,andindependentcreatorsfromhavingtheircopyrightedworkexploitedtotraingenerativeAImodelswithoutpermission.IntheageofAI transparencyisn’toptional—it’sfundamental.Thislegislationarmscreatorswiththetoolstouncoverunauthorizeduseoftheirwork,reinf orcingtherightsthatfuelathrivingindependentmusicecosystem,”saidDr.RichardJamesBurgessMBEPresidentandCEOAmericanAssociationofIndependentMusic(A2IM).
“TherecanbenoethicalAIdevelopmentwithouttransparency.Musiciansdeservetoknowwhentheirworkisusedinmachinelearning.TheTRAINActprovidesallcreatorsmeaningfullegalrecoursewithouthinderinginnovationandcreativity.WethankSenatorsBlackburnandWelchforstandingwithworkingmusiciansagainstintellectualpropertytheft,”saidTinoGagliardiPresidentAmericanFederationofMusicians.
“TheSocietyofComposers&LyricistsapplaudsSenatorPeterWelch(D-Vt)forhisintroductionoftheTransparencyan dResponsibilityforArtificialIntelligenceNetworks(TRAIN)Actwhichisacruclalstepinsafeguardingtherightsofcomp osersandsongwriters.TheTRAINActoffersvitalprotectionsagainsttheunjustpracticesthathavetoooftenundermined ourabilitytoearnalivingfromourcreations.Bystandingupfortherightsofcreators,youarenotonlysupportingthose who writethemusicthatenrichesourculturebutalsostrengtheningtheentiremusicecosystem.Wearegratefulforyour continuedadvocacyonbehalfofourcommunity,andstandreadytohelpinwhateverwaywecan,”saidAshleyIrwinPresi dentSocietyofComposers&Lyricists(SCL).
“TheNationalAssociationofVoiceActors(NAVA)applaudsSen.Welch’scommonsenseTRAINActandthetransparencyitwillprovidetoallcopyrightholders.Asartistswhosebiometricdataiscontainedincopyrightedmaterialvoiceactorsare particularlyconcernedaboutthemisofthei rvoicesformisinformationanddisinformation.Abasicleveloftranspare ncywillhelpprotectthemanyvoicesthatarethefoundationofthesegenerativeAIsystems,”saidTheNationalAssociatio nofVoiceActors(NAVA).
“RAMPDproudlysupportstheTRAINActbecausetransparencyiskeytofairnessaccess,andprotectingtherightsofallmusiccr eators.TheTRAINActisavitalsteptowardequitableinnovationthatrespectshumanauthorshipandartisticintegrity ,”saidRecordingArtistsandMusicProfessionalswithDisabilities.
“TheTransparencyCoalitionwelcomestheintroductionbySen.WelchoftheTRAINActwhichwillprovidecreatorsa ndcopyrightownersadditionalprotectionfromtheircopyrightedworksbeingusedinAItrainingwithouttheirconsent .TheActdeftlyaddressestheneedfortransparencyaroundAItraininginputsandempowerscreatorstoseekredressfr omtheappropriatejudicialforum,”saidJaiJaisimhaCo-FounderTransparencyCoalition.
