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)–(4) 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).—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). (2) 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).—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. (3) GENERATIVE ARTIFICIAL INTELLIGENCE MODELgenerative artificial intelligence modelThe term 'generative artificial intelligence model' 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.17 U.S.C. § 514(a)(3).—The term 'generative artificial intelligence modelgenerative artificial intelligence modelThe term 'generative artificial intelligence model' 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.17 U.S.C. § 514(a)(3)' 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. (4) MODEL DEVELOPER OR DEPLOYERModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4).—The term 'model developer or deployerModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4)' means a person that develops or deploys a generative artificial intelligence modelgenerative artificial intelligence modelThe term 'generative artificial intelligence model' 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.17 U.S.C. § 514(a)(3).
This subsection defines the four key terms used throughout the new section. Artificial intelligence is defined by cross-reference to the National Artificial Intelligence Initiative Act of 2020. Artificial intelligence model is the broader category; generative artificial intelligence model is the subset that generates synthetic content. The subpoena mechanism applies only to generative models. Model developer or deployer covers any person who develops or deploys a generative AI model — notably broader than many state bills that separate developer and deployer obligations.
(b) 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 model developer or deployerModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4) 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 model developer or deployerModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4) to train the generative artificial intelligence modelgenerative artificial intelligence modelThe term 'generative artificial intelligence model' 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.17 U.S.C. § 514(a)(3), if the legal or beneficial owner or authorized person has a subjective good faith belief that the model developer or deployerModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4) 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' 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.17 U.S.C. § 514(a)(3).
This subsection creates the core entitlement: a copyright owner (or authorized representative) may request a U.S. district court clerk to issue a subpoena to a model developer or deployer for disclosure of copies of, or records identifying, copyrighted works used to train a generative AI model. The threshold is a subjective good faith belief that the developer or deployer used some or all of the owner's copyrighted works — a low bar that does not require evidence of actual infringement or even objective reasonableness.
(c)(1)–(2) 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 model developer or deployerModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4) 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' 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.17 U.S.C. § 514(a)(3); (B) the purpose for which the subpoena is sought is to obtain copies of the training material, or records sufficient to identify with certainty the training material, used to train the generative artificial intelligence modelgenerative artificial intelligence modelThe term 'generative artificial intelligence model' 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.17 U.S.C. § 514(a)(3) in order to determine whether the model developer or deployerModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4) 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' 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.17 U.S.C. § 514(a)(3); and (C) the copies or records will only be used for the purpose of protecting the rights of the legal or beneficial owner.
This subsection specifies the filing requirements for the subpoena request: a proposed subpoena and a sworn declaration containing three elements — a good faith belief that works were used in training, a statement that the subpoena's purpose is to obtain training records to determine whether copyrighted works were used, and a commitment that the copies or records will only be used to protect the copyright owner's rights. This is a procedural prerequisite for the clerk's issuance of the subpoena and does not impose an independent compliance obligation on model developers or deployers.
(d) A subpoena issued pursuant to a request under subsection (b) shall authorize and order the model developer or deployerModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4) 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 model developer or deployerModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4).
Subsection (d) specifies that an issued subpoena authorizes and orders the model developer or deployer to expeditiously disclose all records described in subsection (b). Subsection (e) sets the issuance standard: the clerk must issue the subpoena if the proposed subpoena is in proper form and the sworn declaration is properly executed. Notably, no judicial review or adversarial hearing is required — the clerk's function is ministerial.
(f) 1 Upon receipt of a subpoena issued under subsection (e), a model developer or deployerModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4) shall expeditiously disclose to the legal or beneficial owner or authorized person the copies or records requested by the subpoena.
This subsection imposes the bill's core compliance obligation on model developers and deployers: upon receipt of a properly issued subpoena, they must expeditiously disclose to the copyright owner or authorized person copies of or records identifying the copyrighted works used in training. The statute does not define "expeditiously" or set a specific timeframe, leaving the pace to be determined by analogy to the Federal Rules of Civil Procedure.
(g) 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 Federal Rules of Civil Procedure governing subpoena duces tecum apply to the issuance, service, and enforcement of subpoenas under this section, unless otherwise provided. This ensures that standard civil-procedure remedies for noncompliance — including contempt — are available to enforce the training data disclosure obligation.
(h) 2 If a model developer or deployerModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4) fails to comply with a subpoena issued under subsection (e), that failure shall provide a rebuttable presumption that the model developer or deployerModel developer or deployerThe term 'model developer or deployer' means a person that develops or deploys a generative artificial intelligence model.17 U.S.C. § 514(a)(4) made copies of the copyrighted work.
This subsection creates a significant evidentiary consequence for noncompliance: if a model developer or deployer fails to comply with a properly issued subpoena, a rebuttable presumption arises that the developer or deployer made copies of the copyrighted work. This presumption would shift the burden of proof in subsequent copyright infringement litigation, making noncompliance strategically costly.
(i) This section shall take effect on the date of enactment of this section.
This subsection provides that the new section takes effect on the date of enactment, meaning there is no delayed operative date or phase-in period.