This bill, known as the TRAIN Act, proposes to create a new administrative subpoena process under copyright law, specifically section 514 of title 17, United States Code. The primary purpose is to empower copyright owners or their authorized representatives to discover whether their copyrighted works have been incorporated into the training datasets of generative artificial intelligence models . A request for a subpoena can be made if the owner has a subjective good faith belief that their works were used by a developer to train an AI model. To initiate the process, a copyright owner files a proposed subpoena and a sworn declaration with a United States district court clerk, affirming their good faith belief and the purpose of the request. Upon proper filing, the clerk is mandated to issue the subpoena, compelling the developer to expeditiously disclose copies or records sufficient to identify the training material. Failure by a developer to comply with such a subpoena creates a rebuttable presumption that the copyrighted work was copied, and sanctions can be imposed for bad faith subpoena requests.
This bill, known as the TRAIN Act, proposes to create a new administrative subpoena process under copyright law, specifically section 514 of title 17, United States Code. The primary purpose is to empower copyright owners or their authorized representatives to discover whether their copyrighted works have been incorporated into the training datasets of generative artificial intelligence models . A request for a subpoena can be made if the owner has a subjective good faith belief that their works were used by a developer to train an AI model. To initiate the process, a copyright owner files a proposed subpoena and a sworn declaration with a United States district court clerk, affirming their good faith belief and the purpose of the request. Upon proper filing, the clerk is mandated to issue the subpoena, compelling the developer to expeditiously disclose copies or records sufficient to identify the training material. Failure by a developer to comply with such a subpoena creates a rebuttable presumption that the copyrighted work was copied, and sanctions can be imposed for bad faith subpoena requests.