TRAIN Act Proposes Mandatory Disclosure of AI Training Data Through Subpoena Process

TRAIN Act Proposes Mandatory Disclosure of AI Training Data Through Subpoena Process

By Marcus Delano Thompson

November 27, 2024 at 08:29 PM

The "TRAIN Act," introduced by Senator Peter Welch (D-VT), proposes a legal framework requiring AI companies to disclose their training data through an administrative subpoena process. This legislation aims to help rightsholders identify when their copyrighted works have been used to train AI models.

US Capitol dome with American flags

US Capitol dome with American flags

Key aspects of the TRAIN Act:

  • Allows rightsholders to request subpoenas from U.S. district courts
  • Requires AI developers to identify copyrighted works used in training
  • Must demonstrate "good faith belief" that works were used without permission
  • Supported by major industry organizations including RIAA, Recording Academy, and American Federation of Musicians

The bill addresses growing concerns about AI companies using copyrighted materials for training without permission or compensation. While AI developers argue their use falls under "fair use," ongoing legal battles challenge this interpretation.

Current challenges facing the legislation:

  • Limited legislative progress compared to similar AI bills
  • Ongoing debate over fair use interpretation
  • Rapid evolution of AI technology outpacing regulatory efforts
  • Pending legal battles regarding training data rights

The effectiveness of the TRAIN Act will largely depend on how courts interpret fair use in the context of AI training. Meanwhile, AI development continues to advance rapidly in areas like music creation, voice replication, and video generation.

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Businessman checking phone with charts

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Aerial view of Portuguese concert venue

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Marilyn Manson performing on stage

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