TRAIN Act Pushes AI Companies to Reveal Training Data Through Subpoena Process

TRAIN Act Pushes AI Companies to Reveal Training Data Through Subpoena Process

By Marcus Bennett

November 27, 2024 at 08:29 PM

The "TRAIN Act," introduced by Senator Peter Welch (D-VT), proposes a new legal framework requiring AI companies to disclose their training data to rightsholders through an administrative subpoena process.

US Capitol dome with American flags

US Capitol dome with American flags

The six-page bill would allow copyright holders who believe their works were used to train AI models to request subpoenas through U.S. district courts. These subpoenas would compel AI developers to identify which copyrighted works were incorporated into their training datasets.

Major music industry organizations, including the RIAA, Recording Academy, and American Federation of Musicians, have expressed support for the legislation. However, the bill faces several challenges:

  • Limited legislative progress compared to other AI-related bills like the NO FAKES Act
  • Ongoing debate over whether AI training falls under "fair use"
  • AI companies maintain their training practices are legal despite using copyrighted material
  • Questions about enforcement and effectiveness if AI training is deemed fair use

The timing is crucial as AI technology continues to rapidly advance, particularly in:

  • Music creation
  • Voice replication
  • Video generation

While the TRAIN Act represents a step toward transparency in AI development, its effectiveness may ultimately depend on broader legal determinations about AI training and fair use rights. The legislation comes as other jurisdictions, including the EU, are also implementing AI regulations, though questions about training data remain unresolved.

Businessman checking phone with charts

Businessman checking phone with charts

Aerial view of Portuguese concert venue

Aerial view of Portuguese concert venue

Marilyn Manson performing on stage

Marilyn Manson performing on stage

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