119-s2455

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2455 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2455

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

 July 24, 2025

 Mr. Welch (for himself, Mrs. Blackburn, Mr. Hawley, and Mr. Schiff) 
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.

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

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Transparency and Responsibility for 
Artificial Intelligence Networks Act'' or the ``TRAIN Act''.

SEC. 2. SUBPOENA FOR COPIES OR RECORDS RELATING TO ARTIFICIAL 
 INTELLIGENCE MODELS.

    (a) In General.--Chapter 5 of title 17, United States Code, is 
amended by adding at the end the following:
``

Sec. 514. Subpoena for copies or records relating to artificial 
 intelligence models
 ``

    (a) 

=== Definitions. ===
-In this section:
 ``

    (1) Artificial intelligence.--The term `artificial 
 intelligence' has the meaning given the term in 

section 5002 of 
 the National Artificial Intelligence Initiative Act of 2020 (15 
 U.S.C. 9401).
 ``

    (2) Artificial intelligence model.--The term `artificial 
 intelligence model' means a component of an information system 
 that implements artificial intelligence technology and uses 
 computational, statistical, or machine-learning techniques to 
 produce outputs from a given set of inputs.
 ``

    (3) Developer.--The term `developer'--
 ``
        (A) means a person or State or local government 
 agency that--
 ``
            (i) designs, codes, produces, owns, or 
 substantially modifies a generative artificial 
 intelligence model for use by--
 ``
            (I) the person or State or local 
 government agency; or
 ``
            (II) a third party; and
 ``
            (ii) engages in or supervises, including 
 as a third party training dataset curator--
 ``
            (I) the curation of the training 
 dataset of the artificial intelligence 
 model; or
 ``
            (II) the use of the training 
 dataset to train the artificial 
 intelligence model; and
 ``
        (B) does not include a noncommercial end user of 
 a generative artificial intelligence model.
 ``

    (4) Generative artificial intelligence model.--The term 
 `generative artificial intelligence model'--
 ``
        (A) means an artificial intelligence model that 
 emulates the structure and characteristics of input 
 data in order to generate derived synthetic content, 
 which may include images, videos, audio, text, and 
 other digital content; and
 ``
        (B) includes any subsequent variation on an 
 artificial intelligence model described in subparagraph
        (A) , even if created by a third party.
 ``

    (5) Substantially modify.--The term `substantially 
 modify', with respect to a generative artificial intelligence 
 model, means to take 1 or more actions leading to a new version 
 of, new release of, or other update to the generative 
 artificial intelligence model that materially changes the 
 functionality or performance of the generative artificial 
 intelligence model, including by retraining or fine tuning the 
 generative artificial intelligence model.
 ``

    (6) Training material.--The term `training material' 
 means individual works or components thereof used for the 
 purpose of training a generative artificial intelligence model, 
 including a combination of text, images, audio, or other 
 categories of expressive materials, as well as annotations 
 describing the material.
 ``

    (b) Request.--
 ``

    (1) In general.--The legal or beneficial owner of an 
 exclusive right under a copyright, or a person authorized to 
 act on the owner's behalf, may request the clerk of any United 
 States district court to issue a subpoena to a developer for 
 disclosure of copies of, or records sufficient to identify with 
 certainty, the copyrighted works, or any portion thereof, 
 likely owned or controlled by the legal or beneficial owner 
 that were used by the developer to train the generative 
 artificial intelligence model, if the legal or beneficial owner 
 or authorized person has a subjective good faith belief that 
 the developer used some or all of 1 or more such copyrighted 
 works to train the generative artificial intelligence model.
 ``

    (2) Subpoena limited to requester's own copyrighted 
 work.--Nothing in paragraph

    (1) shall be construed to authorize 
 a legal or beneficial owner of an exclusive right under a 
 copyright, or a person authorized to act on the owner's behalf, 
 to request a subpoena for disclosure of copies of, or records 
 sufficient to identify with certainty, copyrighted works likely 
 owned or controlled by any person other than the legal or 
 beneficial owner.
 ``
            (c) Contents of Request.--A request under subsection

    (b) may be 
made by filing with the clerk--
 ``

    (1) a proposed subpoena; and
 ``

    (2) a sworn declaration to the effect that--
 ``
        (A) the legal or beneficial owner or authorized 
 person has a subjective good faith belief that the 
 developer used some or all of 1 or more of the 
 copyrighted works owned or controlled by the legal or 
 beneficial owner to train the generative artificial 
 intelligence model;
 ``
        (B) the purpose for which the subpoena is sought 
 is to obtain copies of the training material, or 
 records sufficient to identify with certainty the 
 training material, used to train the generative 
 artificial intelligence model in order to determine 
 whether the developer has used copyrighted works owned 
 or controlled by the legal or beneficial owner in 
 connection with the generative artificial intelligence 
 model; and
 ``
            (C) the copies or records will only be used for 
 the purpose of protecting the rights of the legal or 
 beneficial owner.
 ``
            (d) Contents of Subpoena.--A subpoena issued pursuant to a 
request under subsection

    (b) shall authorize and order the developer 
receiving the subpoena to expeditiously disclose to the legal or 
beneficial owner or authorized person all records described in that 
subsection.
 ``

    (e) Basis for Granting Subpoena.--If a proposed subpoena 
described in subsection
            (c) (1) is in proper form, and the accompanying 
declaration described in subsection
            (c) (2) is properly executed, the 
clerk shall expeditiously issue and sign the proposed subpoena and 
return it to the requester for delivery to the developer.
 ``

    (f) Actions of Developer Receiving Subpoena.--Upon receipt of a 
subpoena issued under subsection

    (e) , a developer shall expeditiously 
disclose to the legal or beneficial owner or authorized person the 
copies or records requested by the subpoena.
 ``

    (g) Duty of Confidentiality.--A legal or beneficial owner or 
authorized person who receives copies or records from a developer under 
this section may not disclose the copies or records to any other person 
without proper authorization or consent.
 ``

    (h) Rules Applicable to Subpoena.--Unless otherwise provided by 
this section or by applicable rules of the court, the procedure for 
issuance and delivery of a subpoena issued under subsection

    (e) , and 
the remedies for noncompliance with the subpoena, shall be governed to 
the greatest extent practicable by the provisions of the Federal Rules 
of Civil Procedure governing the issuance, service, and enforcement of 
a subpoena duces tecum.
 ``
            (i) Rebuttable Presumption.--If a developer fails to comply with 
a subpoena issued under subsection

    (e) , that failure shall provide a 
rebuttable presumption that the developer made copies of the 
copyrighted work.
 ``

    (j) Sanctions for Bad Faith Subpoena Request.--
 ``

    (1) Motion.--If the legal or beneficial owner of an 
 exclusive right under a copyright, or a person authorized to 
 act on the owner's behalf, requests a subpoena under subsection

    (b) in bad faith, the court that issued the subpoena, upon 
 motion of the recipient of the subpoena, may impose sanctions 
 on the legal or beneficial owner or authorized person.
 ``

    (2) Implementation.--Rule 11
            (c) of the Federal Rules of 
 Civil Procedure shall apply to sanctions imposed under this 
 subsection in the same manner as that rule applies to sanctions 
 imposed for a violation of rule 11

    (b) of those Rules.
 ``

    (k) Effective Date.--This section shall take effect on the date 
of enactment of this section.''.

    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 5 of title 17, United States Code, is amended by adding at the 
end the following:

``514. Subpoena for copies or records relating to artificial 
 intelligence models.''.
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