This bill adds a new section (section 514) to chapter 5 of title 17 of the U.S. Code. It creates a court subpoena process that lets a copyright owner (or someone authorized to act for the owner) ask a federal district court clerk to issue a subpoena to a developer of a generative artificial intelligence model. The subpoena can require the developer to disclose copies of, or records that identify, the copyrighted works (or portions of them) that the developer likely used to train the generative AI model. The bill defines key terms (including "developer," "generative artificial intelligence model," "training material," and "substantially modify") and says noncommercial end users are not developers for this purpose. A request must include a proposed subpoena and a sworn declaration stating the requester's subjective good faith belief that the works were used, the purpose of the subpoena, and that the copies or records will be used only to protect the owner’s rights.
If the proposed subpoena and declaration are in proper form, the court clerk must issue the subpoena. The developer who receives the subpoena must expeditiously disclose the requested copies or records. The recipient of the disclosed material must keep it confidential and may not disclose it to others without authorization. If a developer fails to comply, that failure creates a rebuttable presumption that the developer made copies of the copyrighted work. The bill also allows courts to impose sanctions, under Rule 11 procedures, when a requester sought a subpoena in bad faith. The section takes effect on the date of enactment.
No publicly available information.
The bill’s text and title describe its purpose as creating an administrative subpoena process to assist copyright owners in determining which of their copyrighted works were used to train generative AI models. Sponsors introduced the bill to provide a legal process for owners to obtain copies or identifying records of training material.
No publicly available information.