Senator Peter Welch (D-Vt.) introduced the Transparency and Accountability for Artificial Intelligence Networks (TRAIN) Act to Monday in the latest effort to protect songwriters, musicians and other creators from unauthorized use of their works in training AI models.
If successful, the legislation would give copyright holders access to training records, enabling them to verify whether their creations were used — a process similar to methods used to combat Internet piracy.
“This is simple: if your work is being used to train AI, there should be a way for you, the copyright holder, to determine that it has been used by a training model, and you should be compensated if it has been” , Welch said. “We need to give America's musicians, artists and creators a tool to learn when AI companies are using their work to train models without the artists' permission.”
Creative industry leaders have long raised concerns about AI companies' opaque practices regarding the use of copyrighted material. Many of these startups and companies do not disclose their training methods, making it impossible for creators to determine whether their projects have been integrated with AI systems. The TRAIN Act directly addresses this so-called “black box” problem, aiming to introduce transparency and accountability into the AI training process.
Welch's bill is just the latest development in the battle between rights holders and genetic artificial intelligence. In May, Sony Music released a statement warning more than 700 AI companies not to delete the company's copyrighted data, while Warner Music released a similar statement in July. That same month in the US Senate, an anti-AI bill called the No FAKES Act was introduced by a bipartisan group of senators. In October, thousands of musicians, composers, international organizations and record labels – including the big three – signed a statement opposing AI companies and developers using their work without permission to train productive AI systems.
During a Senate Judiciary Committee hearing earlier this month, U.S. Copyright Director Shira Perlmutter stressed the importance of transparency to protect copyrighted material, saying that without knowing how AI systems are trained, creators are left in the dark about potential misuse of their work, undermining their rights and profits.
Senator Welch has been active in promoting consumer protection and safety around emerging technologies, including artificial intelligence. His previous initiatives include the AI CONSENT Act, which mandates that online platforms obtain informed consent from users before using their data for AI training, and the Digital Platform Commission Act, which proposes the creation of a federal regulatory agency for digital platforms.
TRAIN Act left the station with immediate widespread support from creative organizations including the RIAA, ASCAP, BMI, SESAC, SoundExchange and the American Federation of Musicians, among others.
Several music industry leaders praised the TRAIN Act for its ability to balance innovation with respect for creators' rights. Mitch GlazerPresident & CEO of the RIAA, emphasized its role in ensuring that creators can take legal action when their works are used without permission. Todd Dapplerthe Recording Academy's Advocacy and Public Policy Officer, and Mike O'NeillCEO of BMI, echoed these sentiments, emphasizing the bill's importance in preventing misuse and allowing creators to hold AI companies accountable.
David the IsraelitePresident & CEO of the National Association of Music Publishers, pointed to the TRAIN Act as a vital measure to close regulatory gaps and ensure transparency in AI practices, while John JosephsonPresident and CEO of SESAC Music Group, praised its dual approach to promoting responsible innovation while protecting creators.
Additional approvals came from the CEO of SoundExchange Michael Huppewho emphasized the need for creators to understand how their works are used in artificial intelligence systems, Elizabeth MatthewsCEO of ASCAP, who emphasized the need to fairly compensate artists and Ashley Irwinpresident of the Society of Composers & Lyricists, who emphasized the bill's role in safeguarding the rights of composers and songwriters.
Select Music Industry Reactions to the TRAIN Act:
Mitch Glazier, RIAA: “Senator Welch's carefully calibrated bill will bring much-needed transparency to artificial intelligence, ensuring that artists and copyright holders have fair access to the courts when their work is copied for education without authorization or consent. The RIAA applauds Senator Welch's leadership and urges the Senate to enact this important, narrow measure into law.”
David Israelite, NMPA: “We greatly appreciate Senator Welch's leadership in addressing the complete lack of regulation and transparency surrounding the works of songwriters and other creators being used to train AI models. The TRAIN Act proposes an administrative subpoena process that enables rights holders to hold AI companies accountable. The process requires strict record-keeping standards from AI developers and gives rights holders the ability to see if their copyrighted works have been used without authorization. We strongly support the bill that prioritizes creators who continue to be exploited by unfair AI practices.”
Elizabeth Matthews, ASCAP: “The future of America's vibrant creative economy depends on laws that protect the rights of human creators. By requiring transparency about when and how copyrighted works are used to train generative AI models, the TRAIN Act paves the way for creators to be fairly compensated for the use of their work. On behalf of the more than one million songwriters, composers and musicians of ASCAP, we applaud Senator Welch for his leadership.”
Mike O'Neill, BMI: “Some AI companies use copyrighted works of creators without their permission or compensation to 'train' their systems, but there is currently no way for creators to confirm this use or require companies to disclose it. The TRAIN Act will provide a legal avenue for music creators to compel these companies to disclose these actions, which will be a step in the right direction toward greater transparency and accountability. BMI thanks Senator Welch for introducing this important legislation.”
John Josephson, SESAC: “SESAC applauds the TRAIN Act, which opens an effective path to court for songwriters whose work is used by AI developers without authorization or consent. Senator Welch's close approach will advance responsible innovation and artificial intelligence while protecting the creative community from illegal scraping and infringement of their work.”
Michael Huppe, SoundExchange: “As AI companies continue to train their generative AI models on copyrighted works, it is imperative that music creators and copyright holders have the ability to know where and how their works are being used. The Transparency and Accountability for Artificial Intelligence Networks (TRAIN) Act will provide creators with an important and necessary tool as they fight to ensure that their works are not exploited without proper consent, credit or compensation.”
Todd Dupler, The Recording Academy: “The TRAIN Act will empower creators with an important tool to ensure transparency and prevent misuse of their copyrighted works. The Recording Academy® applauds Senator Welch for his leadership and commitment to protecting human creators and creativity.”
from our partners at https://www.billboard.com/pro/senate-train-act-transparency-generative-ai-training-copyrighted-works/
