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.
This Act may be cited as the ''Copyright Labeling and Ethical AI Reporting Act'' or the ''CLEAR Act''.
Establishes the short title of the Act as the "Copyright Labeling and Ethical AI Reporting Act" or the "CLEAR Act." This section creates no compliance obligation.
(a)(1) The term ''artificial intelligenceArtificial intelligenceThe term "artificial intelligence" means an automated system designed to perform a task typically associated with human intelligence or cognitive function.Sec. 2(a)(1)'' means an automated system designed to perform a task typically associated with human intelligence or cognitive function.
(a)(2) The term ''copyrighted workCopyrighted workThe term "copyrighted work" means a work that is— (A) protected under title 17, United States Code; and (B) registered under section 408, or scheduled pursuant to section 1401, of title 17, United States Code.Sec. 2(a)(2)'' means a work that is— (A) protected under title 17, United States Code; and (B) registered under section 408, or scheduled pursuant to section 1401, of title 17, United States Code.
(a)(3) The term ''generative AI modelGenerative AI modelThe term "generative AI model" means a combination of computer code and numerical values that is designed to use artificial intelligence to generate outputs in the form of expressive material, such as text, images, audio, or video.Sec. 2(a)(3)'' means a combination of computer code and numerical values that is designed to use artificial intelligenceArtificial intelligenceThe term "artificial intelligence" means an automated system designed to perform a task typically associated with human intelligence or cognitive function.Sec. 2(a)(1) to generate outputs in the form of expressive material, such as text, images, audio, or video.
(a)(4) The term ''RegisterRegisterThe term "Register" means the Register of Copyrights.Sec. 2(a)(4)'' means the Register of Copyrights.
(a)(5) The term ''training datasetTraining datasetThe term "training dataset" means a collection of individual units of material, including any combination of text, images, audio, video, or other categories of material, and annotations, if any, describing that material.Sec. 2(a)(5)'' means a collection of individual units of material, including any combination of text, images, audio, video, or other categories of material, and annotations, if any, describing that material.
Section 2(a) defines the five key terms used throughout the Act. The definition of copyrighted work is narrower than general copyright protection — it requires not only protection under title 17 but also registration under section 408 or scheduling under section 1401, limiting the notice obligation to works in the Copyright Office's records. The definition of generative AI model focuses on systems that produce expressive material, excluding AI models that generate non-expressive outputs such as predictions, classifications, or operational recommendations.
(b)(1) 1 A person that uses a training datasetTraining datasetThe term "training dataset" means a collection of individual units of material, including any combination of text, images, audio, video, or other categories of material, and annotations, if any, describing that material.Sec. 2(a)(5) in connection with the training or release of a generative AI modelGenerative AI modelThe term "generative AI model" means a combination of computer code and numerical values that is designed to use artificial intelligence to generate outputs in the form of expressive material, such as text, images, audio, or video.Sec. 2(a)(3) shall submit to the RegisterRegisterThe term "Register" means the Register of Copyrights.Sec. 2(a)(4) notice that contains— (A) a sufficiently detailed summary of each copyrighted workCopyrighted workThe term "copyrighted work" means a work that is— (A) protected under title 17, United States Code; and (B) registered under section 408, or scheduled pursuant to section 1401, of title 17, United States Code.Sec. 2(a)(2) in the training datasetTraining datasetThe term "training dataset" means a collection of individual units of material, including any combination of text, images, audio, video, or other categories of material, and annotations, if any, describing that material.Sec. 2(a)(5); and (B) the Uniform Resource Locator for that training datasetTraining datasetThe term "training dataset" means a collection of individual units of material, including any combination of text, images, audio, video, or other categories of material, and annotations, if any, describing that material.Sec. 2(a)(5), if the training datasetTraining datasetThe term "training dataset" means a collection of individual units of material, including any combination of text, images, audio, video, or other categories of material, and annotations, if any, describing that material.Sec. 2(a)(5) is publicly available on the internet at the time the person submits the notice.
(b)(2)(A) 1 The notice required under paragraph (1) shall be submitted— (A) not later than 30 days before the date on which the applicable generative AI modelGenerative AI modelThe term "generative AI model" means a combination of computer code and numerical values that is designed to use artificial intelligence to generate outputs in the form of expressive material, such as text, images, audio, or video.Sec. 2(a)(3) is used commercially (including when that use is internal to an organization) or released (without regard to whether that release is commercial in nature or whether that release is to the public or to a third party), in the case that the generative AI modelGenerative AI modelThe term "generative AI model" means a combination of computer code and numerical values that is designed to use artificial intelligence to generate outputs in the form of expressive material, such as text, images, audio, or video.Sec. 2(a)(3) is first used or released on or after the effective date of this Act;
(b)(2)(B) 1 and (B) not later than 30 days after the date on which the RegisterRegisterThe term "Register" means the Register of Copyrights.Sec. 2(a)(4) issues regulations under paragraph (3), in the case that the applicable generative AI modelGenerative AI modelThe term "generative AI model" means a combination of computer code and numerical values that is designed to use artificial intelligence to generate outputs in the form of expressive material, such as text, images, audio, or video.Sec. 2(a)(3) is first used or released before the effective date of this Act.
(b)(3) 2 Not later than 180 days after the effective date of this Act, the RegisterRegisterThe term "Register" means the Register of Copyrights.Sec. 2(a)(4) shall issue regulations establishing the form, content, and filing procedures for the notice required under this subsection.
Section 2(b) is the Act's core operative provision. It requires any person who uses a training dataset in connection with training or releasing a generative AI model to submit a notice to the Register of Copyrights containing a sufficiently detailed summary of each copyrighted work in the dataset and the URL for the dataset if publicly available. The timing obligation is bifurcated: for models first used or released on or after the effective date, notice must be filed at least 30 days before commercial use or release; for pre-existing models, notice is due within 30 days after the Register issues implementing regulations. The Register must issue those regulations within 180 days of the effective date. Commercial use explicitly includes internal organizational use.
(c)(1) If a person uses a copyrighted workCopyrighted workThe term "copyrighted work" means a work that is— (A) protected under title 17, United States Code; and (B) registered under section 408, or scheduled pursuant to section 1401, of title 17, United States Code.Sec. 2(a)(2) in a manner described in subsection (b) without submitting the notice required under that subsection, the owner of the copyrighted workCopyrighted workThe term "copyrighted work" means a work that is— (A) protected under title 17, United States Code; and (B) registered under section 408, or scheduled pursuant to section 1401, of title 17, United States Code.Sec. 2(a)(2) may bring an action in an appropriate district court of the United States against that person.
(c)(2)(A)–(C) Subject to paragraph (3), in an action brought under paragraph (1), the court may— (A) impose a civil penalty, to be paid by the person against which the action is brought— (i) in an amount that is not less than $5,000 for each instance in which the person against which the action is brought failed to submit the required notice; and (ii) which shall be paid to the RegisterRegisterThe term "Register" means the Register of Copyrights.Sec. 2(a)(4), who shall use the penalty amount to offset the operating costs of the Copyright Office; (B) issue an injunction that requires the person against which the action is brought to stop using the applicable work in the manner described in subsection (b) until that person submits the notice required under that subsection; and (C) award to the owner of the applicable copyrighted workCopyrighted workThe term "copyrighted work" means a work that is— (A) protected under title 17, United States Code; and (B) registered under section 408, or scheduled pursuant to section 1401, of title 17, United States Code.Sec. 2(a)(2) attorney's fees and expenses with respect to the action.
(c)(3)(A)–(B) In any year, a person may not be subject to more than $2,500,000 in total civil penalties imposed under paragraph (2)(A). (B) The limitation under subparagraph (A) shall not affect the ability of the owner of a copyrighted workCopyrighted workThe term "copyrighted work" means a work that is— (A) protected under title 17, United States Code; and (B) registered under section 408, or scheduled pursuant to section 1401, of title 17, United States Code.Sec. 2(a)(2), during the period in which that limitation applies, to obtain a remedy described in subparagraph (B) or (C) of paragraph (2) with respect to an action brought by the owner under paragraph (1).
Section 2(c) establishes the enforcement mechanism: a private right of action by copyright owners whose works were used in training datasets without the required notice. The court may impose civil penalties of at least $5,000 per instance of failure to file notice, payable to the Register to offset Copyright Office operating costs. An annual cap of $2,500,000 limits total civil penalties per person per year, but the cap does not restrict the availability of injunctive relief or attorney's fees during the capped period. Injunctive relief may require the person to cease using the copyrighted work until the notice is submitted.
(d) 3 The RegisterRegisterThe term "Register" means the Register of Copyrights.Sec. 2(a)(4) shall establish and maintain a publicly available online database that contains each notice submitted under subsection (b)(1).
Section 2(d) directs the Register of Copyrights to establish and maintain a publicly available online database containing each notice submitted under the Act. This creates transparency for copyright owners, researchers, and the public to determine which copyrighted works have been used in generative AI training datasets. The obligation falls on the Copyright Office, not on private parties.
(e) This Act shall take effect on the date that is 180 days after the date of enactment of this Act.
The Act takes effect 180 days after the date of enactment. This staged effective date gives the Register of Copyrights time to issue implementing regulations and gives model developers a compliance runway.