TRAIN Act seeks transparency in AI use of copyrighted works

Senator Peter Welch (D-Vt.) introduced the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act on Monday to protect songwriters, musicians and other creators from unauthorized use of their works in training generative AI models.

If successful, the legislation would give copyright holders access to training materials and allow them to verify whether their creations have been used – a process similar to methods used to combat internet piracy.

“This is simple: If your work is used to train AI, there should be a way for you as the copyright owner to determine that it was used by a training model, and you should receive compensation if that happens,” Welch said. “We need to give America’s musicians, artists and creatives a tool to find out when AI companies are using their work to train models without the artists’ permission.”

Creative industry executives have long raised concerns about AI companies’ opaque practices when using copyrighted materials. Many of these startups and companies do not disclose their training methods, making it impossible for creators to determine whether their works have been integrated into AI systems. The TRAIN Act directly addresses this so-called “black box” problem and aims 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 generative AI. In May, Sony Music released a statement warning more than 700 AI companies not to scrape the company’s proprietary data, while Warner Music released a similar statement in July. That same month, an anti-AI deepfakes bill called the “No FAKES Act” was introduced in the US Senate by a bipartisan group of senators. In October, thousands of musicians, composers, international organizations and labels – including all three majors – signed a statement opposing AI companies and developers using their works to train generative AI systems without a license.

During a hearing before the Senate Judiciary Committee earlier this month, the U.S. Copyright Director said Shira Perlmutter emphasized the importance of transparency to protect copyrighted materials, saying that without insight into how AI systems are trained, creators remain in the dark about potential misuse of their work that undermines their rights and revenue.

Senator Welch is actively committed to promoting consumer protection and safety related to emerging technologies, including AI. Its previous initiatives include the AI ​​CONSENT Act, which requires online platforms to obtain informed consent from users before using their data for AI training, and the Digital Platform Commission Act, which establishes a federal digital regulator suggests platforms.

Through the TRAIN Act, the station immediately received widespread support from creative organizations, including RIAA, ASCAP, BMI, SESAC, SoundExchange and the American Federation of Musicians.

Several music industry leaders praised the TRAIN Act for its potential to balance innovation with respecting creators’ rights. Mitch GlazierChairman and CEO of the RIAA, emphasized his role in ensuring that creators can take legal action if their works are used without permission. Todd Duplerthe Chief Advocacy and Public Policy Officer of the Recording Academy, and Mike O’NeillBMI’s CEO, echoed this sentiment, emphasizing the bill’s importance in preventing abuse and allowing creators to hold AI companies accountable.

David IsraelitePresident and CEO of the National Music Publishers’ Association, noted that the TRAIN Act is an important measure to close regulatory gaps and ensure transparency in AI practices John JosephsonChairman and CEO of SESAC Music Group, praised their dual approach to promoting responsible innovation while protecting creators.

Further recommendations came from the CEO of SoundExchange Michael Huppewho emphasized the need for creators to understand how their works will be used in AI systems, Elizabeth MatthewsCEO of ASCAP, who emphasized the need for fair compensation for artists, and Ashley IrwinPresident of the Society of Composers & Lyricists, who highlighted the bill’s role in protecting the rights of composers and songwriters.

Selected music industry reactions to the TRAIN Act:

Mitch Glazier, RIAA: “Senator Welch’s carefully tailored bill will bring much-needed transparency to AI and ensure that artists and rights holders have fair access to the courts when their works are copied for training purposes without permission or consent. The RIAA commends Senator Welch’s leadership and urges the Senate to pass this important, narrowly focused measure into law.”

David Israelite, NMPA: “We greatly appreciate Senator Welch’s leadership in addressing the complete lack of regulation and transparency surrounding the use of the works of songwriters and other creators to train generative AI models. The TRAIN Act proposes an administrative subpoena process that allows rights holders to hold AI companies accountable. The process requires precise record-keeping standards from AI developers and gives rights holders the opportunity to see whether their copyrighted works have been used without permission. We strongly support the bill that prioritizes creators who continue to be exploited by unwarranted 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 works. On behalf of ASCAP’s more than one million songwriters, composers and music publishers, we applaud Senator Welch for his leadership.”

Mike O’Neill, BMI: “Some AI companies use copyrighted works from creators without their permission or compensation to “train” their systems. However, there is currently no way for creators to confirm this use or require companies to disclose it. The TRAIN Act will provide music creators with a legal option to force 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 welcomes the TRAIN Act, which provides an efficient path to justice for songwriters whose works are used by AI developers without authorization or consent. Senator Welch’s narrow-minded approach will promote responsible innovation and AI while protecting the creative community from unlawful exploitation and infringement of their work.”

Michael Huppe, SoundExchange: “As artificial intelligence companies continue to train their generative AI models on copyrighted works, it is essential that music creators and copyright holders can know where and how their works are being used. The Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act would provide creators with an important and necessary tool as they fight to ensure that their works are not exploited without appropriate consent, attribution or compensation.”

Todd Dupler, The Recording Academy: “The TRAIN Act would provide creators with an important tool to ensure transparency and prevent misuse of their copyrighted works. The Recording Academy® commends Sen. Welch for his leadership and commitment to protecting human creators and creativity.”