How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)(1) 1 Except as provided under subsection (b) of this section, when a person uses a generative artificial intelligence toolgenerative artificial intelligence toolThe statute uses the term "generative artificial intelligence tool" throughout but does not provide a formal definition.Ark. Code Ann. § 18-4-101 to: (1) Generate content, the person who provides the input or directive to the generative artificial intelligence toolgenerative artificial intelligence toolThe statute uses the term "generative artificial intelligence tool" throughout but does not provide a formal definition.Ark. Code Ann. § 18-4-101 shall be the owner of the generated content, provided that the content does not infringe on existing copyrights or intellectual property rights;
(a)(2) 2 Conduct model training, the person who provides data or input to train a generative artificial intelligence model shall be the owner of the resulting trained model, provided that the: (A) Training data is lawfully acquired; and (B) Person has not transferred ownership rights through a contract or agreement.
(b)(1)–(2) 3 If an individual is employed by a person or entity and is directed to use a generative artificial intelligence toolgenerative artificial intelligence toolThe statute uses the term "generative artificial intelligence tool" throughout but does not provide a formal definition.Ark. Code Ann. § 18-4-101 to conduct model training or generate content as part of his or her employment duties, the resulting model training data and generated content shall be the property of the individual's employer. (2) Subdivision (b)(1) of this section shall apply only if the use of the generative artificial intelligence toolgenerative artificial intelligence toolThe statute uses the term "generative artificial intelligence tool" throughout but does not provide a formal definition.Ark. Code Ann. § 18-4-101 is: (A) Within the scope of the individual's employment; and (B) Conducted under the direction and control of the employer.
(c) This section does not grant ownership over content that infringes on pre-existing copyrights or other intellectual property rights regardless of the use of a generative artificial intelligence toolgenerative artificial intelligence toolThe statute uses the term "generative artificial intelligence tool" throughout but does not provide a formal definition.Ark. Code Ann. § 18-4-101.
This section establishes default ownership rules for two categories of output from generative AI tools: (1) content generated in response to a user's input or directive, and (2) models resulting from user-provided training data. In both cases, ownership defaults to the person who provided the input, subject to conditions regarding lawful data acquisition and contractual transfer.
Subsection (b) creates a work-made-for-hire carve-out: when an employee uses a generative AI tool within the scope of employment and under the employer's direction and control, all resulting content and model training data belong to the employer. Subsection (c) is a savings clause clarifying that the section does not override pre-existing copyright or other IP rights.
Notably, the statute contains no formal definitions section, no enforcement mechanism, no designated regulatory authority, and no penalties. It operates purely as a property-law allocation statute within Arkansas Code Title 18 (Property).