Senate Bill Targets AI ‘Black Box’ Problem, Eyes Transparency in Use of Copyrighted Works

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

If successful, the legislation would grant copyright holders access to training records, enabling them to verify if their creations were used — a process similar to methods combating internet piracy.

“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,” said Welch. “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.”

Creative industry leaders have long voiced concerns about the opaque practices of AI companies regarding the use of copyrighted materials. Many of these startups and firms do not disclose their training methods, leaving creators unable to determine whether their works have been incorporated into 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 generative AI. In May, Sony Music released a statement warning more than 700 AI companies not to scrape the company’s copyrighted data, while Warner Music released a similar statement in July. That same month in the U.S. Senate, an anti-AI deepfakes bill dubbed the No FAKES Act was introduced 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 work without a license for training generative AI systems.

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

Sen. Welch has been active in promoting consumer protections and safety around emerging technologies, including AI. His previous initiatives include the AI CONSENT Act, which mandates that online platforms obtain informed consent from users before utilizing their data for AI training, and the Digital Platform Commission Act, which proposes the establishment of a federal regulatory agency for digital platforms.

The 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 potential to balance innovation with an eye on respecting creators’ rights. Mitch Glazier, RIAA chairman & CEO, highlighted its role in ensuring creators can pursue legal recourse when their works are used without permission. Todd Dupler, the Recording Academy’s chief advocacy and public policy officer, and Mike O’Neill, the CEO of BMI, echoed these sentiments, stressing the bill’s importance in preventing misuse and enabling creators to hold AI companies accountable.

David Israelite, president & CEO of the National Music Publishers’ Association, pointed to the TRAIN Act as a vital measure to close regulatory gaps and ensure transparency in AI practices, while John Josephson, chairman and CEO of SESAC Music Group, praised its dual approach of promoting responsible innovation while protecting creators.

Additional endorsements came from SoundExchange CEO Michael Huppe, who stressed the need for creators to understand how their works are being utilized in AI systems, Elizabeth Matthews, CEO of ASCAP, who stressed the need for artists to be fairly compensated, and Ashley Irwin, president 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 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.”

David Israelite, NMPA: “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.”

Elizabeth Matthews, ASCAP: “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.”

Mike O’Neill, BMI: “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.” 

John Josephson, SESAC: “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.” 

Michael Huppe, SoundExchange: ”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. 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.”

Todd Dupler, The Recording Academy: “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.”

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