CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 412Introduced by Assembly Member Bauer-KahanFebruary 04, 2025 An act to add Title 15.3 (commencing with Section 3115) to Part 4 of Division 3 of the Civil Code, relating to artificial intelligence. LEGISLATIVE COUNSEL'S DIGESTAB 412, as introduced, Bauer-Kahan. Generative artificial intelligence: training data: copyrighted materials.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 developers 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Title 15.3 (commencing with Section 3115) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training3115. For the purposes of this title, the following definitions apply:(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(b) Copyright owner means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).(c) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.(d) Generative artificial intelligence or GenAI means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.3116. Before a GenAI system or model is made publicly available to Californians for use, a developer shall do all of the following:(a) Document any copyrighted materials used to train the GenAI system or model.(b) For each copyrighted material documented pursuant to subdivision (a), document the copyright owner of the material.(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to Section 3117.(d) Document any requests received pursuant to Section 3117.(e) Retain the documentation required by this section for as long as the GenAI system or model is used commercially, plus 10 years.3117. (a) (1) Within seven days of receiving a written request from a copyright owner of a material used to train a GenAI system or model, a developer shall provide the copyright owner with a comprehensive list of materials used to train the GenAI system or model for which the copyright owner holds the copyright.(2) Each day after the seven-day period described in paragraph (1) that a developer fails to provide a copyright owner with a list of materials pursuant to this subdivision constitutes a discrete violation of this title.(b) Within 30 days of receiving a written request from a copyright owner of a material not used to train a GenAI system or model, a developer shall notify the copyright owner that no materials for which the copyright owner holds the copyright were used to train the GenAI system or model.3118. A copyright owner that is not provided with a list of materials or notified by a developer pursuant to this title may bring a civil action against the developer for any of the following:(a) One thousand dollars ($1,000) per violation or actual damages, whichever is greater.(b) Injunctive or declaratory relief.(c) Reasonable attorneys costs and fees.(d) Any other relief the court deems appropriate.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 412Introduced by Assembly Member Bauer-KahanFebruary 04, 2025 An act to add Title 15.3 (commencing with Section 3115) to Part 4 of Division 3 of the Civil Code, relating to artificial intelligence. LEGISLATIVE COUNSEL'S DIGESTAB 412, as introduced, Bauer-Kahan. Generative artificial intelligence: training data: copyrighted materials.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 developers 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 412
Introduced by Assembly Member Bauer-KahanFebruary 04, 2025
Introduced by Assembly Member Bauer-Kahan
February 04, 2025
An act to add Title 15.3 (commencing with Section 3115) to Part 4 of Division 3 of the Civil Code, relating to artificial intelligence.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 412, as introduced, Bauer-Kahan. Generative artificial intelligence: training data: copyrighted materials.
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 developers 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.
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 developers 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Title 15.3 (commencing with Section 3115) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training3115. For the purposes of this title, the following definitions apply:(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(b) Copyright owner means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).(c) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.(d) Generative artificial intelligence or GenAI means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.3116. Before a GenAI system or model is made publicly available to Californians for use, a developer shall do all of the following:(a) Document any copyrighted materials used to train the GenAI system or model.(b) For each copyrighted material documented pursuant to subdivision (a), document the copyright owner of the material.(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to Section 3117.(d) Document any requests received pursuant to Section 3117.(e) Retain the documentation required by this section for as long as the GenAI system or model is used commercially, plus 10 years.3117. (a) (1) Within seven days of receiving a written request from a copyright owner of a material used to train a GenAI system or model, a developer shall provide the copyright owner with a comprehensive list of materials used to train the GenAI system or model for which the copyright owner holds the copyright.(2) Each day after the seven-day period described in paragraph (1) that a developer fails to provide a copyright owner with a list of materials pursuant to this subdivision constitutes a discrete violation of this title.(b) Within 30 days of receiving a written request from a copyright owner of a material not used to train a GenAI system or model, a developer shall notify the copyright owner that no materials for which the copyright owner holds the copyright were used to train the GenAI system or model.3118. A copyright owner that is not provided with a list of materials or notified by a developer pursuant to this title may bring a civil action against the developer for any of the following:(a) One thousand dollars ($1,000) per violation or actual damages, whichever is greater.(b) Injunctive or declaratory relief.(c) Reasonable attorneys costs and fees.(d) Any other relief the court deems appropriate.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Title 15.3 (commencing with Section 3115) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training3115. For the purposes of this title, the following definitions apply:(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(b) Copyright owner means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).(c) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.(d) Generative artificial intelligence or GenAI means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.3116. Before a GenAI system or model is made publicly available to Californians for use, a developer shall do all of the following:(a) Document any copyrighted materials used to train the GenAI system or model.(b) For each copyrighted material documented pursuant to subdivision (a), document the copyright owner of the material.(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to Section 3117.(d) Document any requests received pursuant to Section 3117.(e) Retain the documentation required by this section for as long as the GenAI system or model is used commercially, plus 10 years.3117. (a) (1) Within seven days of receiving a written request from a copyright owner of a material used to train a GenAI system or model, a developer shall provide the copyright owner with a comprehensive list of materials used to train the GenAI system or model for which the copyright owner holds the copyright.(2) Each day after the seven-day period described in paragraph (1) that a developer fails to provide a copyright owner with a list of materials pursuant to this subdivision constitutes a discrete violation of this title.(b) Within 30 days of receiving a written request from a copyright owner of a material not used to train a GenAI system or model, a developer shall notify the copyright owner that no materials for which the copyright owner holds the copyright were used to train the GenAI system or model.3118. A copyright owner that is not provided with a list of materials or notified by a developer pursuant to this title may bring a civil action against the developer for any of the following:(a) One thousand dollars ($1,000) per violation or actual damages, whichever is greater.(b) Injunctive or declaratory relief.(c) Reasonable attorneys costs and fees.(d) Any other relief the court deems appropriate.
SECTION 1. Title 15.3 (commencing with Section 3115) is added to Part 4 of Division 3 of the Civil Code, to read:
### SECTION 1.
TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training3115. For the purposes of this title, the following definitions apply:(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(b) Copyright owner means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).(c) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.(d) Generative artificial intelligence or GenAI means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.3116. Before a GenAI system or model is made publicly available to Californians for use, a developer shall do all of the following:(a) Document any copyrighted materials used to train the GenAI system or model.(b) For each copyrighted material documented pursuant to subdivision (a), document the copyright owner of the material.(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to Section 3117.(d) Document any requests received pursuant to Section 3117.(e) Retain the documentation required by this section for as long as the GenAI system or model is used commercially, plus 10 years.3117. (a) (1) Within seven days of receiving a written request from a copyright owner of a material used to train a GenAI system or model, a developer shall provide the copyright owner with a comprehensive list of materials used to train the GenAI system or model for which the copyright owner holds the copyright.(2) Each day after the seven-day period described in paragraph (1) that a developer fails to provide a copyright owner with a list of materials pursuant to this subdivision constitutes a discrete violation of this title.(b) Within 30 days of receiving a written request from a copyright owner of a material not used to train a GenAI system or model, a developer shall notify the copyright owner that no materials for which the copyright owner holds the copyright were used to train the GenAI system or model.3118. A copyright owner that is not provided with a list of materials or notified by a developer pursuant to this title may bring a civil action against the developer for any of the following:(a) One thousand dollars ($1,000) per violation or actual damages, whichever is greater.(b) Injunctive or declaratory relief.(c) Reasonable attorneys costs and fees.(d) Any other relief the court deems appropriate.
TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training3115. For the purposes of this title, the following definitions apply:(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(b) Copyright owner means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).(c) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.(d) Generative artificial intelligence or GenAI means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.3116. Before a GenAI system or model is made publicly available to Californians for use, a developer shall do all of the following:(a) Document any copyrighted materials used to train the GenAI system or model.(b) For each copyrighted material documented pursuant to subdivision (a), document the copyright owner of the material.(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to Section 3117.(d) Document any requests received pursuant to Section 3117.(e) Retain the documentation required by this section for as long as the GenAI system or model is used commercially, plus 10 years.3117. (a) (1) Within seven days of receiving a written request from a copyright owner of a material used to train a GenAI system or model, a developer shall provide the copyright owner with a comprehensive list of materials used to train the GenAI system or model for which the copyright owner holds the copyright.(2) Each day after the seven-day period described in paragraph (1) that a developer fails to provide a copyright owner with a list of materials pursuant to this subdivision constitutes a discrete violation of this title.(b) Within 30 days of receiving a written request from a copyright owner of a material not used to train a GenAI system or model, a developer shall notify the copyright owner that no materials for which the copyright owner holds the copyright were used to train the GenAI system or model.3118. A copyright owner that is not provided with a list of materials or notified by a developer pursuant to this title may bring a civil action against the developer for any of the following:(a) One thousand dollars ($1,000) per violation or actual damages, whichever is greater.(b) Injunctive or declaratory relief.(c) Reasonable attorneys costs and fees.(d) Any other relief the court deems appropriate.
TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training
TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training
3115. For the purposes of this title, the following definitions apply:(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(b) Copyright owner means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).(c) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.(d) Generative artificial intelligence or GenAI means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.
3115. For the purposes of this title, the following definitions apply:
(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(b) Copyright owner means the owner of a copyright enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).
(c) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model for commercial use.
(d) Generative artificial intelligence or GenAI means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.
3116. Before a GenAI system or model is made publicly available to Californians for use, a developer shall do all of the following:(a) Document any copyrighted materials used to train the GenAI system or model.(b) For each copyrighted material documented pursuant to subdivision (a), document the copyright owner of the material.(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to Section 3117.(d) Document any requests received pursuant to Section 3117.(e) Retain the documentation required by this section for as long as the GenAI system or model is used commercially, plus 10 years.
3116. Before a GenAI system or model is made publicly available to Californians for use, a developer shall do all of the following:
(a) Document any copyrighted materials used to train the GenAI system or model.
(b) For each copyrighted material documented pursuant to subdivision (a), document the copyright owner of the material.
(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to Section 3117.
(d) Document any requests received pursuant to Section 3117.
(e) Retain the documentation required by this section for as long as the GenAI system or model is used commercially, plus 10 years.
3117. (a) (1) Within seven days of receiving a written request from a copyright owner of a material used to train a GenAI system or model, a developer shall provide the copyright owner with a comprehensive list of materials used to train the GenAI system or model for which the copyright owner holds the copyright.(2) Each day after the seven-day period described in paragraph (1) that a developer fails to provide a copyright owner with a list of materials pursuant to this subdivision constitutes a discrete violation of this title.(b) Within 30 days of receiving a written request from a copyright owner of a material not used to train a GenAI system or model, a developer shall notify the copyright owner that no materials for which the copyright owner holds the copyright were used to train the GenAI system or model.
3117. (a) (1) Within seven days of receiving a written request from a copyright owner of a material used to train a GenAI system or model, a developer shall provide the copyright owner with a comprehensive list of materials used to train the GenAI system or model for which the copyright owner holds the copyright.
(2) Each day after the seven-day period described in paragraph (1) that a developer fails to provide a copyright owner with a list of materials pursuant to this subdivision constitutes a discrete violation of this title.
(b) Within 30 days of receiving a written request from a copyright owner of a material not used to train a GenAI system or model, a developer shall notify the copyright owner that no materials for which the copyright owner holds the copyright were used to train the GenAI system or model.
3118. A copyright owner that is not provided with a list of materials or notified by a developer pursuant to this title may bring a civil action against the developer for any of the following:(a) One thousand dollars ($1,000) per violation or actual damages, whichever is greater.(b) Injunctive or declaratory relief.(c) Reasonable attorneys costs and fees.(d) Any other relief the court deems appropriate.
3118. A copyright owner that is not provided with a list of materials or notified by a developer pursuant to this title may bring a civil action against the developer for any of the following:
(a) One thousand dollars ($1,000) per violation or actual damages, whichever is greater.
(b) Injunctive or declaratory relief.
(c) Reasonable attorneys costs and fees.
(d) Any other relief the court deems appropriate.