TRAIN Act Proposes New Subpoena Process for AI Training Data Disclosure
Generative AI developers may soon be required to disclose their training data sources through a new legislative proposal called the TRAIN Act (Transparency and Responsibility for Artificial Intelligence Networks Act), introduced by Senator Peter Welch (D-VT).
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The six-page bill establishes an administrative subpoena process allowing copyright holders to identify if and how their works were used to train AI models. Under the proposed legislation, rightsholders who believe their copyrighted materials were used in AI training can request a subpoena through any U.S. district court to obtain detailed records from AI developers.
Major music industry organizations including the RIAA, Recording Academy, and American Federation of Musicians have voiced support for the TRAIN Act. However, its passage remains uncertain, as similar AI-focused bills like the NO FAKES Act have faced legislative challenges.
The bill intersects with ongoing debates about fair use in AI training. While AI companies argue that using copyrighted materials for training falls under fair use, rightsholders contest this interpretation. Several legal battles are currently in progress to resolve this crucial question.
Even as these legislative and legal processes continue, AI technology rapidly advances, particularly in:
- Music creation
- Voice replication
- Video generation
The effectiveness of the TRAIN Act may ultimately depend on how courts rule on the fair use question. If AI training on copyrighted materials is deemed legal without permission, the subpoena process would have limited impact for rightsholders who have already identified potential infringement through AI outputs.
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