TRAIN Act

New subpoenas to find AI training data

If enacted, this bill would let a copyright owner (or an authorized representative) ask a federal court clerk to issue a subpoena to an AI developer for copies of, or records identifying, copyrighted works the owner says were used to train a generative AI model. The request would have to include a drafted subpoena and a sworn statement saying you in good faith believe the developer used your works, that you only want the records to check use and to protect your rights, and that the subpoena targets works you own or control. If the papers are in proper form, the clerk would be required to issue the subpoena and the developer would have to quickly disclose the requested material, which would be treated as confidential. The bill would also define who counts as a developer and what counts as training material, create a rebuttable presumption against developers who fail to comply, allow courts to apply Federal Rules of Civil Procedure and Rule 11(c) sanctions, and would take effect on enactment.