TRAIN Act is Supported by the Recording Industry Association of America, the Human Artistry Campaign, SAG/AFTRA, News/Media Alliance, Recording Academy, Authors Guild, BMI, and more
WASHINGTON, D.C. — U.S. Senator Peter Welch (D-Vt.), a member of the Senate Judiciary Committee, introduced the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act, a new bill to help creators—musicians, artists, writers, and others—access the courts to protect their copyrighted works if and when they are used to train generative artificial intelligence (A.I.) models. The TRAIN Act allows copyright holders to access training records used for A.I. models to determine if their work was used—a process currently used for internet piracy.
Musical artists and other creative industry leaders have raised alarms about the use of copyrighted works to train generative A.I. models, calling out A.I. companies for using artists’ work without consent or compensation. The TRAIN Act seeks to solve the “black box” problem by allowing creators to know when and how their works are being used. Few A.I. companies currently share how their models are trained and nothing in the law requires them to do so.
“This is simple: if your work is used to train A.I., there should be a way for you, the copyright holder, to determine that it’s been used by a training model, and you should get compensated if it was. We need to give America’s musicians, artists, and creators a tool to find out when A.I. companies are using their work to train models without artists’ permission,” said Senator Peter Welch. “As A.I. evolves and gets more embedded into our daily lives, we need to set a higher standard for transparency.”
The TRAIN Act has the support of the creative community, and is endorsed by the American Association of Independent Music (A2IM)*; American Federation of Musicians; American Society of Composers, Authors and Publishers (ASCAP); Association of American Publishers (AAP); Authors Guild; BMI; Global Music Rights (GMR); Human Artistry Campaign**; IATSE; Music Artists Coalition; Nashville Songwriters Association International; National Music Publishers’ Association (NMPA); News Media Alliance; Recording Academy; Recording Industry Association of America (RIAA); SAG-AFTRA; Society of European Stage Authors and Composers (SESAC); Songwriters Guild of America***; Sony Music Group; Sound Exchange; The American Society for Collective Rights Licensing (ASCRL); The Society of Composers & Lyricists (SCL); Transparency Coalition; Universal Music Group; and Warner Music Group.
Read what leading voices in the creative industries are saying about the TRAIN Act:
“Senator Welch’s carefully calibrated bill will bring much needed transparency to AI, ensuring artists and rightsholders have fair access to the courts when their work is copied for training without authorization or consent. RIAA applauds Senator Welch’s leadership and urges the Senate to enact this important, narrow measure into law,” said Mitch Glazier, RIAA Chairman & CEO.
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“The Transparency & Responsibility for Artificial Intelligence Networks (TRAIN) Act is a thoughtful step forward for creators’ rights in the AI landscape. By allowing artists and rightsholders to subpoena information about what inputs were used in an AI program, the bill will increase transparency and create an avenue for recourse when work is used without consent. Transparency is a key tenet of the Human Artistry Campaign’s principles for responsible and ethical AI, and we’re grateful to Senator Welch for his leadership on this issue,” said Dr. Moiya McTier, Human Artistry Campaign.
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“The TRAIN Act would empower creators with an important tool to ensure transparency and prevent the misuse of their copyrighted works. The Recording Academy® applauds Sen. Welch for his leadership and commitment to protecting human creators and creativity,” said Todd Dupler, Recording Academy Chief Advocacy & Public Policy Officer.
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“SAG-AFTRA applauds Sen. Peter Welch for introducing the much-needed TRAIN Act. Intellectual property must be protected in the A.I. age and we’re encouraged that lawmakers like Sen. Welch are taking critical action to prioritize human creativity in this new era,” said Duncan Crabtree-Ireland, SAG-AFTRA National Executive Director & Chief Negotiator.
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“The future of America’s vibrant creative economy depends upon 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 ASCAP’s more than one million songwriters, composer and music publisher members, we applaud Senator Welch for his leadership,” said Elizabeth Matthews, CEO of ASCAP.
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“The American Society for Collective Rights Licensing (ASCRL), the largest photography and illustration organization in the United States, whose constituents include over 40,000 photographers and over 17,000 illustrator members, thanks Senator Peter Welch (D-VT) for introducing the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act. The bill seeks to promote transparency concerning unauthorized uses of copyrighted works by generative AI systems through the creation of a new administrative subpoena process. ASCRL was established by and for authors and looks forward to working with Senator Welch to add another tool in the toolbelt for authors to protect their rights in this very challenging, new technological environment,” said James Silverberg, CEO of ASCRL.
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“The Authors Guild applauds Senator Peter Welch for introducing the TRAIN Act. Authors have a right to know when their works have been copied into AI systems without their permission. This bill helps to achieve that commonsense goal by creating an administrative subpoena process that allows copyright owners to obtain information from AI companies about the works used to train their models. As the Guild has long recognized, this kind of transparency is essential to giving authors the ability to enforce their rights. We look forward to working with Senator Welch and other members of Congress in moving the bill toward swift passage,” said the Authors Guild.
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“Some AI companies are using creators’ copyrighted works without their permission or compensation to ‘train’ their systems, but there is currently no way for creators to confirm that use or require companies to disclose it. The TRAIN Act will provide a legal avenue for music creators to compel these companies to disclose those actions, which will be a step in the right direction towards greater transparency and accountability. BMI thanks Senator Welch for introducing this important legislation,” said Mike O’Neill, President & CEO, BMI.
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“We greatly appreciate Senator Welch’s leadership on addressing the complete lack of regulation and transparency surrounding songwriters’ and other creators’ works being used to train generative AI models.
“The TRAIN Act proposes an administrative subpoena process that enables rightsholders to hold AI companies accountable. The process necessitates precise record-keeping standards from AI developers and gives rightsholders the ability to see whether their copyrighted works have been used without authorization.
“We strongly support the bill which prioritizes creators who continue to be exploited by unjust AI practices,” said David Israelite, President & CEO of the National Music Publishers’ Association (NMPA).
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“SESAC applauds the TRAIN Act, which clears an efficient path to court for songwriters whose work is used by AI developers without authorization or consent. Senator Welch’s narrow approach will promote responsible innovation and AI while protecting the creative community from unlawful scraping and infringement of their work,” said John Josephson, Chairman and CEO, SESAC Music Group.
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“The Transparency Coalition welcomes the introduction by Sen. Welch of the TRAIN Act which will provide creators and copyright owners additional protection from their copyrighted works being used in AI training without their consent.” said Jai Jaisimha, co-founder of the Transparency Coalition. “The Act deftly addresses the need for transparency around AI training inputs and empowers creators to seek redress from the appropriate judicial forum.”
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“For too long, creators have been in the dark about how AI companies are using their work. The TRAIN Act introduces much-needed accountability and demonstrates that Congress understands that artists deserve to know when and how their creative works are being used. MAC and our members view this as essential legislation for protecting artists’ rights in the AI era,” said Jordan Bromley, Music Artists Coalition Board Member.
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“The News/Media Alliance applauds Senator Welch for pursuing the critical goal of requiring transparency from AI developers regarding their use of copyrighted content. Publishers’ journalism and quality content is extremely valuable for training AI models, and publishers need and deserve to be able to enforce their copyrights and protect their investments. This legislation is an important step forward, and we look forward to working with Senator Welch to refine this legislation to ensure that it sufficiently protects journalism for all Americans,” said the News/Media Alliance.
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“Human authors and their copyrights must be valued and protected. The TRAIN Act is an important step toward creating guardrails around Generative Artificial Intelligence that, unchecked, threatens the livelihoods of human creators. We are appreciative to Senator Welch for his leadership on this issue and look forward to providing America’s songwriters the tools they need to protect their work in an ever-changing digital environment,” said the Nashville Songwriters Association International.
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“There must be transparency in machine learning. A modern copyright system simply does not work without it. Musicians are otherwise left without adequate recourse to enforce our rights. We thank Senator Welch for taking this meaningful step to curb theft from our members,” said Tino Gagliardi, President of the American Federation of Musicians.
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“The Songwriters Guild of America (SGA) extends its sincerest thanks to Senator Peter Welch (D-Vt) for the initiatives his office is undertaking in seeking to protect the rights of songwriters and composers through introduction of the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act. Among other positives, the bill seeks to promote transparency concerning unauthorized uses of copyrighted works by generative AI systems through the creation of a new administrative subpoena process.
“SGA remains a strong supporter of the pending No Fakes Act to protect performers’ rights of publicity in the new, generative AI world, but is additionally elated that Senator Welch and others recognize that far more needs to be done legislatively to protect music creators’ rights in this very challenging, new environment. The Train Act represents another indispensable step in that process. We applaud its introduction, and intend to work with the Senator’s office in helping it to consider the most effective methodologies possible to protect American creators and musical culture in the context of GenAI,” said Rick Carnes, President of the Songwriters Guild of America.
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“The Society of Composers & Lyricists (SCL) applauds Senator Peter Welch (D-Vt) for his introduction of the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act, which is a crucial step in safeguarding the rights of composers and songwriters. The TRAIN Act offers vital protections against the unjust practices that have too often undermined our ability to earn a living from our creations. By standing up for the rights of creators, you are not only supporting those who write the music that enriches our culture, but also strengthening the entire music ecosystem. We are grateful for your continued advocacy on behalf of our community, and stand ready to help in whatever way we can,” said Ashley Irwin, President, Society of Composers & Lyricists.
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“As artificial intelligence companies continue to train their generative AI models on copyrighted works, it is imperative that music creators and copyright owners have the ability to know where and how their works are being used,” said Michael Huppe, President & CEO, SoundExchange. “The Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act would provide creators with an important and necessary tool as they fight to ensure their works are not exploited without the proper consent, credit, or compensation.”
Under questioning from Senator Welch during a Senate Judiciary Committee Hearing in mid-November, U.S. Copyright Director Shira Perlmutter testified to the need for increased transparency around the use of A.I. and the need to protect copyrighted works. In Director Perlmutter’s testimony, she said it was “absolutely” a concern that the creative community cannot determine whether their work was used to train A.I., and that this area touches other interests beyond copyright, which is “why transparency is important in A.I. training.”
Senator Welch is focused on strengthening consumer protections and safety around emerging technologies, including A.I. In March, Senator Welch introduced the Artificial Intelligence Consumer Opt-In, Notification Standards, and Ethical Norms for Training (AI CONSENT) Act, legislation that would require online platforms to obtain consumers’ express informed consent before using their personal data to train A.I. models. This Congress, Senator Welch and Senator Michael Bennet introduced the Digital Platform Commission Act, legislation to create an expert federal agency to provide comprehensive regulation of digital platforms to protect consumers, promote competition, and safeguard the public interest.
Learn more about the TRAIN Act.
Read the full text of the TRAIN Act.
*The trade organization for independent record labels, which include 650 organizations in 35 states—including Vermont
**Representing nearly 200 members spanning the creative and technology communities
***SGA’s organizational membership stands at approximately 4,500 members
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