Existing federal law, through copyright, provides authors of original works of authorship, as defined, with certain rights and protections. Existing federal law generally gives the owner of the copyright the right to reproduce the work in copies or phonorecords and the right to distribute copies or phonorecords of the work to the public.
Existing law requires, on or before January 1, 2026, and before each time thereafter that a generative artificial intelligence system or service, as defined, or a substantial modification to a generative artificial intelligence system or service, released on or after January 1, 2022, is made available to Californians for use, regardless of whether the terms of that use include compensation, a developer of the system or service to post on the developer's internet website documentation, as specified, regarding the data used to train the generative artificial intelligence system or service.
This bill would require a developer, before a generative artificial intelligence system or model is made publicly available to Californians for use, to, among other things, document any copyrighted materials used to train the system or model and document the copyright owner of that material. The bill would require a developer to provide a copyright owner with a comprehensive list of materials used to train the system or model for which the copyright owner holds the copyright within 7 days of receiving a written request from the copyright owner of the material, and would provide that each day following the 7-day period that a developer fails to provide a copyright owner with that list of materials constitutes a discrete violation. The bill would, if the written request is from a copyright owner of a material not used to train a generative artificial intelligence (GenAI) system or model, require a developer to notify the copyright owner within 30 days that no materials for which the copyright owner holds the copyright were used to train the GenAI system or model. The bill would authorize a copyright owner that is not provided with a list of materials or notified by a developer according to these provisions to bring a civil action against the developer for specified relief.