TRAIN Act Proposes Mandatory AI Training Data Disclosure Through Subpoena Process

TRAIN Act Proposes Mandatory AI Training Data Disclosure 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 legal framework requiring AI developers to disclose copyrighted materials used in training their models.

US Capitol dome with American flags

US Capitol dome with American flags

Under this six-page legislation, rightsholders can request subpoenas through U.S. district courts if they believe their copyrighted works were used to train AI models. The process would allow them to identify specifically which of their works were incorporated into the training data.

Major industry organizations, including the RIAA, Recording Academy, and American Federation of Musicians, have voiced support for the bill, particularly given concerns about unauthorized use of protected music in AI training.

However, several challenges face the TRAIN Act:

  • Limited legislative progress compared to similar AI bills like the NO FAKES Act
  • Ongoing debates about whether AI training falls under "fair use"
  • AI companies' insistence that their training practices constitute fair use
  • Pending legal battles over AI training data rights

Even if the TRAIN Act passes, its effectiveness may be limited if courts determine that AI training on copyrighted materials qualifies as fair use. Meanwhile, AI technology continues to advance rapidly in areas like:

  • Music creation
  • Voice replication
  • Video generation

The debate over AI training data transparency occurs as artificial intelligence capabilities expand significantly, raising urgent questions about creator rights and proper compensation in the AI era.

Businessman checking phone with charts

Businessman checking phone with charts

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Aerial view of Portuguese concert venue

Marilyn Manson performing on stage

Marilyn Manson performing on stage

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