CaliforniaGenerative artificial intelligence: training data: copyrighted materials.
What it does
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 federal law provides that sound recordings fixed before February 15, 1972, are not subject to copyright but are subject to similar rights and protections under the Classics Protection and Access Act.
More detail
Existing law requires, before each time 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 of a generative artificial intelligence model to make available on its internet website a mechanism allowing a rights owner to request information about the developer's use of the rights owner's covered materials that would allow the rights owner to provide the developer with, among other things, registration, preregistration, or index numbers for one or more covered materials. The bill would require a developer to document and retain any requests received from rights owners for a specified time period. The bill would, subject to specified exceptions, require a developer to, within 30 days of receiving that request from the rights owner, assess whether the developer used the rights owner's covered materials to develop the model and provide the rights owner with a list of covered materials, as specified. The bill would provide that each day following the 30-day period that a developer fails to provide a rights owner with that information constitutes a discrete violation. The bill would authorize a rights owner who complies with specified requirements for submitting a request that is not provided with information according to these provisions to bring, subject to a certain notice and cure opportunity, a civil action against the developer for specified relief. The bill would provide that its requirements do not apply to a model that meets certain criteria, including, among other things, being trained exclusively using data the developer makes publicly available at no cost to users. The bill would provide that it does not impose liability on a telecommunications service, information service, or cable service provider, as specified. The bill would define various terms for these purposes.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 13In committee: Held under submission.Latest
- Aug 3In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jun 30Read second time and amended. Re-referred to Com. on APPR.Major
- Jun 29From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 23).Major
- Jun 23
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Jun 11Read second time and amended. Re-referred to Com. on JUD.Major
- Jun 10From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 2.) (June 8).Major
- Jun 8
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary]. Result: pass.Upper
- May 28From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P., D.T., & C.P.Major
- May 6Re-referred to Coms. on P., D.T., & C.P., JUD., and APPR.Minor
- Apr 27Re-referred to Com. on RLS.Minor
- Apr 27Withdrawn from committee.Major
- 2025
- Jul 9In committee: Set, first hearing. Hearing canceled at the request of author.
- May 21Referred to Coms. on JUD. and APPR.Minor
- May 13In Senate. Read first time. To Com. on RLS. for assignment.Minor
- May 12Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 16. Page 1517.)Passed Assembly
- Vote recorded AB 412 Bauer-Kahan Assembly Third Reading. Result: pass.Lower
- May 8Read second time. Ordered to third reading.Minor
- May 7Read second time and amended. Ordered returned to second reading.Major
- May 6From committee: Amend, and do pass as amended. (Ayes 9. Noes 1.) (May 6).Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Apr 29Re-referred to Com. on JUD.Minor
- Apr 28From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.Major
- Apr 22Re-referred to Com. on JUD.Minor
- Apr 21From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.Major
- Mar 28In committee: Hearing postponed by committee.
- Mar 24Re-referred to Com. on JUD.Minor
- Mar 20Read second time and amended.Major
- Mar 19From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 10. Noes 3.) (March 18).Major
- Mar 18
- Vote recorded Do pass as amended and be re-referred to the Committee on [Judiciary]. Result: pass.Lower
- Mar 11Re-referred to Com. on P. & C.P.Minor
- Mar 10From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.Major
- Feb 26Re-referred to Com. on P. & C.P.Minor
- Feb 25From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.Major
- Feb 18Referred to Coms. on P. & C.P. and JUD.Minor
- Feb 5From printer. May be heard in committee March 7.
- Feb 4Read first time. To print.Introduced