This Bill Would Force AI Companies to Disclose Copyrighted Works

A bipartisan bill introduced in Congress would require technology companies to disclose which copyrighted works are used to train AI systems.

U.S. Senators Adam Schiff, a Democrat from California, and John Curtis, a Republican from Utah, have introduced the Copyright Labeling and Ethical AI Reporting Act, known as the CLEAR Act. The proposed legislation would require companies developing AI models to report when copyrighted material is used to train those systems.

If passed, the legislation could increase transparency around the material used to train generative AI systems, including copyrighted photographs.

The CLEAR Act would create mandatory reporting requirements for developers of AI systems that are trained on works protected under U.S. copyright law. Companies would be required to submit a formal notice to the Register of Copyrights identifying the copyrighted works used in the training datasets for their AI models.

The legislation would require companies to file the notice before releasing a new AI model to the public. It would also apply retroactively. Developers of AI systems that are already publicly available would be required to file similar notices after the law takes effect.

Under the proposal, companies would have to submit the notice at least 30 days before the commercial release of a generative AI system. For AI systems already available before the law’s effective date, companies would have 30 days to file the notice once the U.S. Copyright Office establishes the rules governing how the disclosures must be submitted.

The U.S. Copyright Office would also be required to create and maintain a public database containing all of the notices. The database would allow the public to see which copyrighted works have been used to train specific AI models. Companies that fail to comply with the reporting requirements could face civil penalties.

The bill would also create an additional legal avenue for copyright holders. Rights holders could bring claims against AI developers that fail to provide the required notice that their works were used in training datasets.

“While AI has the potential to improve our lives and change the way we work and innovate, we need a unified approach to implementing guardrails that protect the work and livelihoods of all workers, including artists and creators,” Schiff says in a statement to Deadline. “Human creativity is the foundation of our cultural and creative economy, and it plays a vital role in shaping our society, our stories and our shared experiences.”

“Congress must help encourage AI innovation, but not without transparency and accountability,” Curtis adds. “The CLEAR Act strikes the right balance by protecting creators’ intellectual property while providing clear expectations for companies. By shedding light on how generative AI models are trained, our bipartisan legislation will help build public trust for emerging technologies and foster the best of American creativity.”

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