WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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) The term 'artificial intelligenceArtificial intelligenceThe 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).17 U.S.C. § 514(a)(1)' has the meaning given the term in section 5002 of the National Artificial IntelligenceArtificial intelligenceThe 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).17 U.S.C. § 514(a)(1) Initiative Act of 2020 (15 U.S.C. 9401).
(a)(2) The term 'artificial intelligence modelArtificial intelligence modelThe 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.17 U.S.C. § 514(a)(2)' means a component of an information system that implements artificial intelligenceArtificial intelligenceThe 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).17 U.S.C. § 514(a)(1) technology and uses computational, statistical, or machine-learning techniques to produce outputs from a given set of inputs.
(a)(3) The term 'developerDeveloperThe 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.17 U.S.C. § 514(a)(3)'— (A) means a person or State or local government agency that— (i) designs, codes, produces, owns, or substantially modifies a generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4) 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 modelArtificial intelligence modelThe 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.17 U.S.C. § 514(a)(2); or (II) the use of the training dataset to train the artificial intelligence modelArtificial intelligence modelThe 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.17 U.S.C. § 514(a)(2); and (B) does not include a noncommercial end user of a generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4).
(a)(4) The term 'generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4)'— (A) means an artificial intelligence modelArtificial intelligence modelThe 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.17 U.S.C. § 514(a)(2) 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 modelArtificial intelligence modelThe 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.17 U.S.C. § 514(a)(2) described in subparagraph (A), even if created by a third party.
(a)(5) The term 'substantially modifySubstantially modifyThe 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.17 U.S.C. § 514(a)(5)', with respect to a generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4), means to take 1 or more actions leading to a new version of, new release of, or other update to the generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4) that materially changes the functionality or performance of the generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4), including by retraining or fine tuning the generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4).
(a)(6) The term 'training materialTraining materialThe 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.17 U.S.C. § 514(a)(6)' means individual works or components thereof used for the purpose of training a generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4), including a combination of text, images, audio, or other categories of expressive materials, as well as annotations describing the material.
This subsection defines the key terms used throughout the new § 514. The definition of developer is notably broad, encompassing any person or government agency that designs, codes, produces, owns, or substantially modifies a generative AI model and also engages in or supervises the curation of training data or the use of training data to train the model. The conjunctive structure requires both model development/modification and training-data involvement. Noncommercial end users are carved out. Generative artificial intelligence model expressly includes downstream fine-tuned variants even when created by third parties.
(b)(1) 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 developerDeveloperThe 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.17 U.S.C. § 514(a)(3) 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 developerDeveloperThe 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.17 U.S.C. § 514(a)(3) to train the generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4), if the legal or beneficial owner or authorized person has a subjective good faith belief that the developerDeveloperThe 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.17 U.S.C. § 514(a)(3) used some or all of 1 or more such copyrighted works to train the generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4).
(b)(2) 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.
This subsection creates the core operative mechanism of the bill: a copyright owner (or authorized representative) who has a subjective good-faith belief that a developer used their copyrighted works to train a generative AI model may request a federal district court clerk to issue an administrative subpoena compelling the developer to disclose copies of, or records sufficient to identify, the copyrighted works used in training. The subpoena is expressly limited to the requester's own copyrighted works — it may not be used as a tool to discover training-data use involving other copyright holders' works.
(c) 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 developerDeveloperThe 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.17 U.S.C. § 514(a)(3) 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 modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4); (B) the purpose for which the subpoena is sought is to obtain copies of the training materialTraining materialThe 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.17 U.S.C. § 514(a)(6), or records sufficient to identify with certainty the training materialTraining materialThe 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.17 U.S.C. § 514(a)(6), used to train the generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4) in order to determine whether the developerDeveloperThe 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.17 U.S.C. § 514(a)(3) has used copyrighted works owned or controlled by the legal or beneficial owner in connection with the generative artificial intelligence modelGenerative artificial intelligence modelThe 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.17 U.S.C. § 514(a)(4); and (C) the copies or records will only be used for the purpose of protecting the rights of the legal or beneficial owner.
(d) A subpoena issued pursuant to a request under subsection (b) shall authorize and order the developerDeveloperThe 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.17 U.S.C. § 514(a)(3) receiving the subpoena to expeditiously disclose to the legal or beneficial owner or authorized person all records described in that subsection.
(e) 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 developerDeveloperThe 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.17 U.S.C. § 514(a)(3).
These subsections specify the procedural requirements for obtaining and issuing a subpoena. The requester must file a proposed subpoena and a sworn declaration attesting to good-faith belief, the purpose of identifying copyrighted training material, and a commitment to use the records solely to protect the copyright owner's rights. If the proposed subpoena is in proper form and the declaration properly executed, the clerk must expeditiously issue and sign it — there is no judicial review at the issuance stage, making this a ministerial act rather than a contested proceeding.
(f) 1 Upon receipt of a subpoena issued under subsection (e), a developerDeveloperThe 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.17 U.S.C. § 514(a)(3) shall expeditiously disclose to the legal or beneficial owner or authorized person the copies or records requested by the subpoena.
This subsection creates the affirmative compliance duty on developers: upon receiving a properly issued subpoena, the developer must expeditiously disclose the requested copies or records to the copyright owner. This is the primary obligation the bill imposes on AI developers — a duty to produce training-data records on demand through an administrative subpoena process, without requiring the copyright owner to first file a lawsuit.
(g) 2 A legal or beneficial owner or authorized person who receives copies or records from a developerDeveloperThe 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.17 U.S.C. § 514(a)(3) under this section may not disclose the copies or records to any other person without proper authorization or consent.
This subsection imposes a confidentiality obligation on the copyright owner who receives training-data records through the subpoena process. The recipient may not disclose the copies or records to any other person without proper authorization or consent. This protects developers' proprietary training-data information from being disseminated beyond the purpose for which the subpoena was issued.
(h) 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.
This subsection establishes that the procedural framework for issuance, delivery, and enforcement of subpoenas under this section follows the Federal Rules of Civil Procedure governing subpoena duces tecum, except where the section itself provides otherwise. This ensures standard contempt and enforcement remedies are available for noncompliance.
(i) If a developerDeveloperThe 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.17 U.S.C. § 514(a)(3) fails to comply with a subpoena issued under subsection (e), that failure shall provide a rebuttable presumption that the developerDeveloperThe 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.17 U.S.C. § 514(a)(3) made copies of the copyrighted work.
This subsection creates a significant evidentiary consequence for developer noncompliance: if a developer fails to comply with a properly issued subpoena, a rebuttable presumption arises that the developer made copies of the copyrighted work identified in the subpoena. This shifts the burden in subsequent infringement litigation and creates a strong incentive for compliance.
(j)(1)–(2) 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) 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.
This subsection provides a safeguard against abuse of the subpoena process. If a copyright owner files a subpoena request in bad faith, the court that issued the subpoena may impose sanctions on the requester upon motion by the developer. Sanctions are governed by FRCP Rule 11(c), applying the same standards used for sanctioning frivolous or bad-faith court filings.
(k) This section shall take effect on the date of enactment of this section.
This subsection provides that the new § 514 takes effect on the date of enactment. There is no delayed implementation period — the subpoena mechanism would become available immediately upon the bill becoming law.