California · Assembly Bill · 2025–2026 Regular Session
AB412
California AB 412 — An act to add Title 15.3 (commencing with Section 3115) to Part 4 of Division 3 of the Civil Code, relating to artificial intelligence

Status ● Engrossed Effective N/A Passage Likelihood H

WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority
Private right of action. No designated agency enforcer. A copyright owner who is not provided with a list of materials or notified by a developer pursuant to the title may bring a civil action against the developer.
Private Right of Action
Private right of action.
Penalties
Greater of $1,000 per violation or actual damages. Injunctive or declaratory relief. Reasonable attorney's costs and fees. Any other relief the court deems appropriate. Each day a developer fails to respond after the 7-day period constitutes a discrete violation.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
Civ. Code § 3115
Definitions

(a)–(d) 3115. For the purposes of this title, the following definitions apply: (a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 3115(a)" or "AI" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) "Copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b)" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.). (c) "DeveloperDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c)" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use. (d) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" or "GenAI" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.Civ. Code § 3115(d)" or "GenAI" means an artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 3115(a) system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.

Section 3115 establishes the defined terms for the title. It defines artificial intelligence broadly using the NIST-aligned definition, defines copyright owner by reference to federal copyright law (17 U.S.C. § 101 et seq.), defines developer as the entity that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use, and defines generative artificial intelligence by reference to its capacity to generate synthetic content emulating its training data.

Civ. Code § 3116
Developer documentation and retention obligations
Developer

chapeau, (a)(1)–(2) 1 A developerDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c) that makes a GenAI system or model available to Californians for use shall do all of the following: (a) (1) Document any copyrighted materials used to train the GenAI system or model. (2) For each copyrighted material documented pursuant to this subdivision, document the copyright owner of the material.

(b)(1)–(2) 2 Make available a mechanism on the developerDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c)'s internet website allowing a copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b) to submit a written request pursuant to Section 3117. (2) Document any requests received pursuant to Section 3117.

(c) 3 Retain the documentation required by this section for as long as the GenAI system or model is used commercially, plus 10 years.

Section 3116 imposes the bill's core documentation obligations on developers that make a GenAI system or model available to Californians for use. Developers must document all copyrighted materials used in training and identify the copyright owner of each material. Developers must also provide a web-based mechanism for copyright owners to submit written requests under Section 3117 and must document all such requests received. All documentation must be retained for the commercial life of the system plus 10 years.

The documentation obligation is notable for its breadth — it requires identification of every copyrighted work in a training dataset and its owner, which for large-scale models trained on internet-scale corpora could encompass billions of works.

Compliance actions 3 items
1
DevelopersDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c) must document all copyrighted materials used to train a GenAI system or model and document the copyright owner of each such material.
T-03
2
DevelopersDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c) must provide a mechanism on their website for copyright ownersCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b) to submit written requests under Section 3117 and must document all requests received.
T-03
3
DevelopersDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c) must retain all documentation required by this title for the commercial life of the GenAI system or model plus 10 years.
G-01.3
Civ. Code § 3117
Copyright owner request and developer response obligations
Developer

(a)(1)–(2) 4 Within seven days of receiving a written request from a copyright owner of a material used to train a GenAI system or model, a developerDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c) shall provide the copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b) with a comprehensive list of materials used to train the GenAI system or model for which the copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b) holds the copyright. (2) Each day after the seven-day period described in paragraph (1) that a developerDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c) fails to provide a copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b) with a list of materials pursuant to this subdivision constitutes a discrete violation of this title.

(b) 5 Within 30 days of receiving a written request from a copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b) whose materials were not used to train a GenAI system or model, a developerDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c) shall notify the copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b) that no materials for which the copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b) holds the copyright were used to train the GenAI system or model.

Section 3117 establishes the operative request-and-response mechanism. When a copyright owner whose materials were used in training submits a written request, the developer must provide a comprehensive list of that owner's materials within 7 days. Each day of delay after the 7-day deadline constitutes a discrete violation — a significant per-day exposure given the $1,000 statutory minimum per violation under Section 3118.

When a copyright owner whose materials were not used submits a request, the developer must respond within 30 days with a negative confirmation. The asymmetric timelines reflect that confirming the absence of materials in a training dataset is expected to be less urgent but potentially more difficult to verify than producing a list of known included works.

Compliance actions 2 items
4
DevelopersDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c) must provide a copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b) with a comprehensive list of that owner's copyrighted materials used to train the GenAI system or model within 7 days of receiving a written request. Each day of delay after the 7-day period is a discrete violation.
T-03
5
DevelopersDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c) must notify a copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b) within 30 days of receiving a written request that none of the copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b)'s materials were used to train the GenAI system or model, when that is the case.
T-03
Civ. Code § 3118
Private right of action and remedies

(a)–(d) 6 3118. A copyright ownerCopyright owner"Copyright owner" means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).Civ. Code § 3115(b) that is not provided with a list of materials or notified by a developerDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c) pursuant to this title may bring a civil action against the developerDeveloper"Developer" means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.Civ. Code § 3115(c) for any of the following: (a) One thousand dollars ($1,000) per violation or actual damages, whichever is greater. (b) Injunctive or declaratory relief. (c) Reasonable attorney's costs and fees. (d) Any other relief the court deems appropriate.

Section 3118 creates a private right of action for copyright owners who do not receive a timely response under the title. Remedies include $1,000 per violation or actual damages (whichever is greater), injunctive or declaratory relief, reasonable attorney's costs and fees, and any other relief the court deems appropriate. The per-violation structure, combined with Section 3117(a)(2)'s per-day discrete-violation provision, creates significant cumulative exposure for developers who fail to respond to copyright owner inquiries.

Passage Likelihood

High
Status Engrossed
Chamber Passed origin
Committee Passed
Majority party Yes
Bipartisan No
Prior session None

Legislative History

2025-02-04 Read first time. To print.
2025-02-05 From printer. May be heard in committee March 7.
2025-02-18 Referred to Coms. on P. & C.P. and JUD.
2025-02-25 From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.
2025-02-26 Re-referred to Com. on P. & C.P.
2025-03-10 From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.
2025-03-11 Re-referred to Com. on P. & C.P.
2025-03-19 From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 10. Noes 3.) (March 18).
2025-03-20 Read second time and amended.
2025-03-24 Re-referred to Com. on JUD.
2025-03-28 In committee: Hearing postponed by committee.
2025-04-21 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
2025-04-22 Re-referred to Com. on JUD.
2025-04-28 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
2025-04-29 Re-referred to Com. on JUD.
2025-05-06 From committee: Amend, and do pass as amended. (Ayes 9. Noes 1.) (May 6).
2025-05-07 Read second time and amended. Ordered returned to second reading.
2025-05-08 Read second time. Ordered to third reading.
2025-05-12 Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 16. Page 1517.)
2025-05-13 In Senate. Read first time. To Com. on RLS. for assignment.
2025-05-21 Referred to Coms. on JUD. and APPR.
2025-07-09 In committee: Set, first hearing. Hearing canceled at the request of author.
2026-04-27 Withdrawn from committee.
2026-04-27 Re-referred to Com. on RLS.
2026-05-06 Re-referred to Coms. on P., D.T., & C.P., JUD., and APPR.
2026-05-28 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P., D.T., & C.P.

Entry Last Reviewed

2026-06-01
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