Amended IN Assembly April 21, 2025 Amended IN Assembly March 20, 2025 Amended IN Assembly March 10, 2025 Amended IN Assembly February 25, 2025 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 amended, 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, as defined, developer of a generative artificial intelligence model to, among other things, document any copyrighted materials that the developer knows were used to train the model. The bill would authorize a copyright owner to request information about a developers use of copyrighted materials held by the copyright owner by providing the developer with specified information, and would require the developer to make available a mechanism on the developers internet website allowing a copyright owner to submit that request. a request for information about the developers use of copyrighted materials that would allow the copyright owner to provide the developer with, among other things, registration numbers and fingerprints for one or more copyrighted materials. The bill would require a developer to provide a copyright owner with a complete list of their copyrighted materials that were used to train the model to, within 7 days of receiving that request from the copyright owner, and assess whether the copyrighted material represented by a fingerprint provided by the copyright owner is likely to be present in the developers dataset and provide the copyright owner with a list of their copyrighted materials that were used to train the model and are likely to be present in the developers dataset, as specified. The bill would provide that each day following the 7-day period that a developer fails to provide a copyright owner with that list of copyrighted materials information constitutes a discrete violation. The bill would authorize a copyright owner that is not provided with a list of copyrighted materials information according to these provisions to bring a civil action against the developer for specified relief. The bill would provide that the bills requirements do not apply to a developer that makes all of the data used to train the model publicly available at no cost, as specified. The bill would define various terms for these purposes.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) Approximate content fingerprint or fingerprint means an abstract representation of digital content that encodes distinctive features of the content and that is all of the following:(1) Distinct to the digital content being represented.(2) Robust to minor variations in the original digital content.(3) Incapable of being used to reconstruct the original digital content.(4) Capable of being used to readily identify digital content in a dataset. (b) 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.(c) Copyrighted material means a material registered with the United States Copyright Office pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.). (d) 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.).(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI model and that does either of the following:(1) Uses the GenAI model commercially in California.(2) Makes the GenAI model available to Californians for use. (f) 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. A developer of a GenAI model shall do all of the following:(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content a fingerprint for any copyrighted material that might have been used to train that is compatible with the developers GenAI system or model.(c) (1) Make available a mechanism on the developers internet website allowing a copyright owner to submit a request pursuant to subdivision (a) of Section 3117. for information about the developers use of copyrighted materials.(2) The mechanism made available pursuant to this subdivision shall allow a copyright owner to provide the developer with all of the following:(A) Documentation sufficient to establish the copyright owners identity.(B) The physical or electronic signature of the copyright owner.(C) Registration numbers and fingerprints for one or more copyrighted materials.(d) Document any requests received using the mechanism established pursuant to subdivision (a) of Section 3117. (c).(e) Retain any documentation required by this section for as long as the developer uses the GenAI model commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.3117.(a)(1)A copyright owner may request information about a developers use of copyrighted materials held by the copyright owner by providing the developer with all of the following:(A)Proof of the copyright owners identity.(B)The copyright registration numbers of each copyrighted material held by the copyright owner.(C)An approximate content fingerprint for each copyrighted material.3117. (a) Within seven days of receiving a request for information from a copyright owner using the mechanism established pursuant to subdivision (c) of Section 3116, a developer shall do both of the following:(1) (A) For each fingerprint provided by the copyright owner, assess whether the copyrighted material represented by the fingerprint is likely to be present in the developers dataset.(B) A developer shall not be required to assess a fingerprint that was not generated according to widely accepted industry standards.(2) Provide the copyright owner with the following information:(A) A list of copyrighted materials held by the copyright owner that the developer documented pursuant to subdivision (a) of Section 3116.(B) A list of copyrighted materials held by the copyright owner that a fingerprint assessment suggests are likely to be present in the developers dataset pursuant to paragraph (1). (2)(b) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision section shall be reasonably necessary and proportionate to achieve the purposes for which the information was collected and processed, or for another disclosed purpose that is compatible with the context in which the information was collected, and not further processed in a manner that is incompatible with those purposes.(b)(1)Within seven days of receiving a request from a copyright owner pursuant to subdivision (a), a developer shall provide the copyright owner with a complete list of copyrighted materials held by the copyright owner that were used to train the GenAI model. (2)(c) Each day after the seven-day period described in paragraph (1) subdivision (a) that a developer fails to provide a copyright owner with a list of copyrighted materials the information required under this title constitutes a discrete violation of this title. violation.3118. A copyright owner that is not provided with a list of copyrighted materials the information as required by 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.3119. This title does not apply to a developer that makes all of the data used to train the developers GenAI model publicly available at no cost to users of the developers internet website.
Amended IN Assembly April 21, 2025 Amended IN Assembly March 20, 2025 Amended IN Assembly March 10, 2025 Amended IN Assembly February 25, 2025 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 amended, 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, as defined, developer of a generative artificial intelligence model to, among other things, document any copyrighted materials that the developer knows were used to train the model. The bill would authorize a copyright owner to request information about a developers use of copyrighted materials held by the copyright owner by providing the developer with specified information, and would require the developer to make available a mechanism on the developers internet website allowing a copyright owner to submit that request. a request for information about the developers use of copyrighted materials that would allow the copyright owner to provide the developer with, among other things, registration numbers and fingerprints for one or more copyrighted materials. The bill would require a developer to provide a copyright owner with a complete list of their copyrighted materials that were used to train the model to, within 7 days of receiving that request from the copyright owner, and assess whether the copyrighted material represented by a fingerprint provided by the copyright owner is likely to be present in the developers dataset and provide the copyright owner with a list of their copyrighted materials that were used to train the model and are likely to be present in the developers dataset, as specified. The bill would provide that each day following the 7-day period that a developer fails to provide a copyright owner with that list of copyrighted materials information constitutes a discrete violation. The bill would authorize a copyright owner that is not provided with a list of copyrighted materials information according to these provisions to bring a civil action against the developer for specified relief. The bill would provide that the bills requirements do not apply to a developer that makes all of the data used to train the model publicly available at no cost, as specified. The bill would define various terms for these purposes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 21, 2025 Amended IN Assembly March 20, 2025 Amended IN Assembly March 10, 2025 Amended IN Assembly February 25, 2025
Amended IN Assembly April 21, 2025
Amended IN Assembly March 20, 2025
Amended IN Assembly March 10, 2025
Amended IN Assembly February 25, 2025
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 amended, 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, as defined, developer of a generative artificial intelligence model to, among other things, document any copyrighted materials that the developer knows were used to train the model. The bill would authorize a copyright owner to request information about a developers use of copyrighted materials held by the copyright owner by providing the developer with specified information, and would require the developer to make available a mechanism on the developers internet website allowing a copyright owner to submit that request. a request for information about the developers use of copyrighted materials that would allow the copyright owner to provide the developer with, among other things, registration numbers and fingerprints for one or more copyrighted materials. The bill would require a developer to provide a copyright owner with a complete list of their copyrighted materials that were used to train the model to, within 7 days of receiving that request from the copyright owner, and assess whether the copyrighted material represented by a fingerprint provided by the copyright owner is likely to be present in the developers dataset and provide the copyright owner with a list of their copyrighted materials that were used to train the model and are likely to be present in the developers dataset, as specified. The bill would provide that each day following the 7-day period that a developer fails to provide a copyright owner with that list of copyrighted materials information constitutes a discrete violation. The bill would authorize a copyright owner that is not provided with a list of copyrighted materials information according to these provisions to bring a civil action against the developer for specified relief. The bill would provide that the bills requirements do not apply to a developer that makes all of the data used to train the model publicly available at no cost, as specified. The bill would define various terms for these purposes.
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, as defined, developer of a generative artificial intelligence model to, among other things, document any copyrighted materials that the developer knows were used to train the model. The bill would authorize a copyright owner to request information about a developers use of copyrighted materials held by the copyright owner by providing the developer with specified information, and would require the developer to make available a mechanism on the developers internet website allowing a copyright owner to submit that request. a request for information about the developers use of copyrighted materials that would allow the copyright owner to provide the developer with, among other things, registration numbers and fingerprints for one or more copyrighted materials. The bill would require a developer to provide a copyright owner with a complete list of their copyrighted materials that were used to train the model to, within 7 days of receiving that request from the copyright owner, and assess whether the copyrighted material represented by a fingerprint provided by the copyright owner is likely to be present in the developers dataset and provide the copyright owner with a list of their copyrighted materials that were used to train the model and are likely to be present in the developers dataset, as specified. The bill would provide that each day following the 7-day period that a developer fails to provide a copyright owner with that list of copyrighted materials information constitutes a discrete violation. The bill would authorize a copyright owner that is not provided with a list of copyrighted materials information according to these provisions to bring a civil action against the developer for specified relief. The bill would provide that the bills requirements do not apply to a developer that makes all of the data used to train the model publicly available at no cost, as specified. The bill would define various terms for these purposes.
## 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) Approximate content fingerprint or fingerprint means an abstract representation of digital content that encodes distinctive features of the content and that is all of the following:(1) Distinct to the digital content being represented.(2) Robust to minor variations in the original digital content.(3) Incapable of being used to reconstruct the original digital content.(4) Capable of being used to readily identify digital content in a dataset. (b) 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.(c) Copyrighted material means a material registered with the United States Copyright Office pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.). (d) 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.).(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI model and that does either of the following:(1) Uses the GenAI model commercially in California.(2) Makes the GenAI model available to Californians for use. (f) 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. A developer of a GenAI model shall do all of the following:(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content a fingerprint for any copyrighted material that might have been used to train that is compatible with the developers GenAI system or model.(c) (1) Make available a mechanism on the developers internet website allowing a copyright owner to submit a request pursuant to subdivision (a) of Section 3117. for information about the developers use of copyrighted materials.(2) The mechanism made available pursuant to this subdivision shall allow a copyright owner to provide the developer with all of the following:(A) Documentation sufficient to establish the copyright owners identity.(B) The physical or electronic signature of the copyright owner.(C) Registration numbers and fingerprints for one or more copyrighted materials.(d) Document any requests received using the mechanism established pursuant to subdivision (a) of Section 3117. (c).(e) Retain any documentation required by this section for as long as the developer uses the GenAI model commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.3117.(a)(1)A copyright owner may request information about a developers use of copyrighted materials held by the copyright owner by providing the developer with all of the following:(A)Proof of the copyright owners identity.(B)The copyright registration numbers of each copyrighted material held by the copyright owner.(C)An approximate content fingerprint for each copyrighted material.3117. (a) Within seven days of receiving a request for information from a copyright owner using the mechanism established pursuant to subdivision (c) of Section 3116, a developer shall do both of the following:(1) (A) For each fingerprint provided by the copyright owner, assess whether the copyrighted material represented by the fingerprint is likely to be present in the developers dataset.(B) A developer shall not be required to assess a fingerprint that was not generated according to widely accepted industry standards.(2) Provide the copyright owner with the following information:(A) A list of copyrighted materials held by the copyright owner that the developer documented pursuant to subdivision (a) of Section 3116.(B) A list of copyrighted materials held by the copyright owner that a fingerprint assessment suggests are likely to be present in the developers dataset pursuant to paragraph (1). (2)(b) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision section shall be reasonably necessary and proportionate to achieve the purposes for which the information was collected and processed, or for another disclosed purpose that is compatible with the context in which the information was collected, and not further processed in a manner that is incompatible with those purposes.(b)(1)Within seven days of receiving a request from a copyright owner pursuant to subdivision (a), a developer shall provide the copyright owner with a complete list of copyrighted materials held by the copyright owner that were used to train the GenAI model. (2)(c) Each day after the seven-day period described in paragraph (1) subdivision (a) that a developer fails to provide a copyright owner with a list of copyrighted materials the information required under this title constitutes a discrete violation of this title. violation.3118. A copyright owner that is not provided with a list of copyrighted materials the information as required by 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.3119. This title does not apply to a developer that makes all of the data used to train the developers GenAI model publicly available at no cost to users of the developers internet website.
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) Approximate content fingerprint or fingerprint means an abstract representation of digital content that encodes distinctive features of the content and that is all of the following:(1) Distinct to the digital content being represented.(2) Robust to minor variations in the original digital content.(3) Incapable of being used to reconstruct the original digital content.(4) Capable of being used to readily identify digital content in a dataset. (b) 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.(c) Copyrighted material means a material registered with the United States Copyright Office pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.). (d) 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.).(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI model and that does either of the following:(1) Uses the GenAI model commercially in California.(2) Makes the GenAI model available to Californians for use. (f) 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. A developer of a GenAI model shall do all of the following:(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content a fingerprint for any copyrighted material that might have been used to train that is compatible with the developers GenAI system or model.(c) (1) Make available a mechanism on the developers internet website allowing a copyright owner to submit a request pursuant to subdivision (a) of Section 3117. for information about the developers use of copyrighted materials.(2) The mechanism made available pursuant to this subdivision shall allow a copyright owner to provide the developer with all of the following:(A) Documentation sufficient to establish the copyright owners identity.(B) The physical or electronic signature of the copyright owner.(C) Registration numbers and fingerprints for one or more copyrighted materials.(d) Document any requests received using the mechanism established pursuant to subdivision (a) of Section 3117. (c).(e) Retain any documentation required by this section for as long as the developer uses the GenAI model commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.3117.(a)(1)A copyright owner may request information about a developers use of copyrighted materials held by the copyright owner by providing the developer with all of the following:(A)Proof of the copyright owners identity.(B)The copyright registration numbers of each copyrighted material held by the copyright owner.(C)An approximate content fingerprint for each copyrighted material.3117. (a) Within seven days of receiving a request for information from a copyright owner using the mechanism established pursuant to subdivision (c) of Section 3116, a developer shall do both of the following:(1) (A) For each fingerprint provided by the copyright owner, assess whether the copyrighted material represented by the fingerprint is likely to be present in the developers dataset.(B) A developer shall not be required to assess a fingerprint that was not generated according to widely accepted industry standards.(2) Provide the copyright owner with the following information:(A) A list of copyrighted materials held by the copyright owner that the developer documented pursuant to subdivision (a) of Section 3116.(B) A list of copyrighted materials held by the copyright owner that a fingerprint assessment suggests are likely to be present in the developers dataset pursuant to paragraph (1). (2)(b) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision section shall be reasonably necessary and proportionate to achieve the purposes for which the information was collected and processed, or for another disclosed purpose that is compatible with the context in which the information was collected, and not further processed in a manner that is incompatible with those purposes.(b)(1)Within seven days of receiving a request from a copyright owner pursuant to subdivision (a), a developer shall provide the copyright owner with a complete list of copyrighted materials held by the copyright owner that were used to train the GenAI model. (2)(c) Each day after the seven-day period described in paragraph (1) subdivision (a) that a developer fails to provide a copyright owner with a list of copyrighted materials the information required under this title constitutes a discrete violation of this title. violation.3118. A copyright owner that is not provided with a list of copyrighted materials the information as required by 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.3119. This title does not apply to a developer that makes all of the data used to train the developers GenAI model publicly available at no cost to users of the developers internet website.
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) Approximate content fingerprint or fingerprint means an abstract representation of digital content that encodes distinctive features of the content and that is all of the following:(1) Distinct to the digital content being represented.(2) Robust to minor variations in the original digital content.(3) Incapable of being used to reconstruct the original digital content.(4) Capable of being used to readily identify digital content in a dataset. (b) 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.(c) Copyrighted material means a material registered with the United States Copyright Office pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.). (d) 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.).(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI model and that does either of the following:(1) Uses the GenAI model commercially in California.(2) Makes the GenAI model available to Californians for use. (f) 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. A developer of a GenAI model shall do all of the following:(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content a fingerprint for any copyrighted material that might have been used to train that is compatible with the developers GenAI system or model.(c) (1) Make available a mechanism on the developers internet website allowing a copyright owner to submit a request pursuant to subdivision (a) of Section 3117. for information about the developers use of copyrighted materials.(2) The mechanism made available pursuant to this subdivision shall allow a copyright owner to provide the developer with all of the following:(A) Documentation sufficient to establish the copyright owners identity.(B) The physical or electronic signature of the copyright owner.(C) Registration numbers and fingerprints for one or more copyrighted materials.(d) Document any requests received using the mechanism established pursuant to subdivision (a) of Section 3117. (c).(e) Retain any documentation required by this section for as long as the developer uses the GenAI model commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.3117.(a)(1)A copyright owner may request information about a developers use of copyrighted materials held by the copyright owner by providing the developer with all of the following:(A)Proof of the copyright owners identity.(B)The copyright registration numbers of each copyrighted material held by the copyright owner.(C)An approximate content fingerprint for each copyrighted material.3117. (a) Within seven days of receiving a request for information from a copyright owner using the mechanism established pursuant to subdivision (c) of Section 3116, a developer shall do both of the following:(1) (A) For each fingerprint provided by the copyright owner, assess whether the copyrighted material represented by the fingerprint is likely to be present in the developers dataset.(B) A developer shall not be required to assess a fingerprint that was not generated according to widely accepted industry standards.(2) Provide the copyright owner with the following information:(A) A list of copyrighted materials held by the copyright owner that the developer documented pursuant to subdivision (a) of Section 3116.(B) A list of copyrighted materials held by the copyright owner that a fingerprint assessment suggests are likely to be present in the developers dataset pursuant to paragraph (1). (2)(b) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision section shall be reasonably necessary and proportionate to achieve the purposes for which the information was collected and processed, or for another disclosed purpose that is compatible with the context in which the information was collected, and not further processed in a manner that is incompatible with those purposes.(b)(1)Within seven days of receiving a request from a copyright owner pursuant to subdivision (a), a developer shall provide the copyright owner with a complete list of copyrighted materials held by the copyright owner that were used to train the GenAI model. (2)(c) Each day after the seven-day period described in paragraph (1) subdivision (a) that a developer fails to provide a copyright owner with a list of copyrighted materials the information required under this title constitutes a discrete violation of this title. violation.3118. A copyright owner that is not provided with a list of copyrighted materials the information as required by 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.3119. This title does not apply to a developer that makes all of the data used to train the developers GenAI model publicly available at no cost to users of the developers internet website.
TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training3115. For the purposes of this title, the following definitions apply:(a) Approximate content fingerprint or fingerprint means an abstract representation of digital content that encodes distinctive features of the content and that is all of the following:(1) Distinct to the digital content being represented.(2) Robust to minor variations in the original digital content.(3) Incapable of being used to reconstruct the original digital content.(4) Capable of being used to readily identify digital content in a dataset. (b) 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.(c) Copyrighted material means a material registered with the United States Copyright Office pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.). (d) 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.).(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI model and that does either of the following:(1) Uses the GenAI model commercially in California.(2) Makes the GenAI model available to Californians for use. (f) 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. A developer of a GenAI model shall do all of the following:(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content a fingerprint for any copyrighted material that might have been used to train that is compatible with the developers GenAI system or model.(c) (1) Make available a mechanism on the developers internet website allowing a copyright owner to submit a request pursuant to subdivision (a) of Section 3117. for information about the developers use of copyrighted materials.(2) The mechanism made available pursuant to this subdivision shall allow a copyright owner to provide the developer with all of the following:(A) Documentation sufficient to establish the copyright owners identity.(B) The physical or electronic signature of the copyright owner.(C) Registration numbers and fingerprints for one or more copyrighted materials.(d) Document any requests received using the mechanism established pursuant to subdivision (a) of Section 3117. (c).(e) Retain any documentation required by this section for as long as the developer uses the GenAI model commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.3117.(a)(1)A copyright owner may request information about a developers use of copyrighted materials held by the copyright owner by providing the developer with all of the following:(A)Proof of the copyright owners identity.(B)The copyright registration numbers of each copyrighted material held by the copyright owner.(C)An approximate content fingerprint for each copyrighted material.3117. (a) Within seven days of receiving a request for information from a copyright owner using the mechanism established pursuant to subdivision (c) of Section 3116, a developer shall do both of the following:(1) (A) For each fingerprint provided by the copyright owner, assess whether the copyrighted material represented by the fingerprint is likely to be present in the developers dataset.(B) A developer shall not be required to assess a fingerprint that was not generated according to widely accepted industry standards.(2) Provide the copyright owner with the following information:(A) A list of copyrighted materials held by the copyright owner that the developer documented pursuant to subdivision (a) of Section 3116.(B) A list of copyrighted materials held by the copyright owner that a fingerprint assessment suggests are likely to be present in the developers dataset pursuant to paragraph (1). (2)(b) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision section shall be reasonably necessary and proportionate to achieve the purposes for which the information was collected and processed, or for another disclosed purpose that is compatible with the context in which the information was collected, and not further processed in a manner that is incompatible with those purposes.(b)(1)Within seven days of receiving a request from a copyright owner pursuant to subdivision (a), a developer shall provide the copyright owner with a complete list of copyrighted materials held by the copyright owner that were used to train the GenAI model. (2)(c) Each day after the seven-day period described in paragraph (1) subdivision (a) that a developer fails to provide a copyright owner with a list of copyrighted materials the information required under this title constitutes a discrete violation of this title. violation.3118. A copyright owner that is not provided with a list of copyrighted materials the information as required by 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.3119. This title does not apply to a developer that makes all of the data used to train the developers GenAI model publicly available at no cost to users of the developers internet website.
TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training
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) Approximate content fingerprint or fingerprint means an abstract representation of digital content that encodes distinctive features of the content and that is all of the following:(1) Distinct to the digital content being represented.(2) Robust to minor variations in the original digital content.(3) Incapable of being used to reconstruct the original digital content.(4) Capable of being used to readily identify digital content in a dataset. (b) 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.(c) Copyrighted material means a material registered with the United States Copyright Office pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.). (d) 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.).(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI model and that does either of the following:(1) Uses the GenAI model commercially in California.(2) Makes the GenAI model available to Californians for use. (f) 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:
###### 3115.
(a) Approximate content fingerprint or fingerprint means an abstract representation of digital content that encodes distinctive features of the content and that is all of the following:
(1) Distinct to the digital content being represented.
(2) Robust to minor variations in the original digital content.
(3) Incapable of being used to reconstruct the original digital content.
(4) Capable of being used to readily identify digital content in a dataset.
(b) 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.
(c) Copyrighted material means a material registered with the United States Copyright Office pursuant to Title 17 of the United States Code, Public Law 94-553 (17 U.S.C. Sec. 101 et seq.).
(d) 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.).
(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI model and that does either of the following:
(1) Uses the GenAI model commercially in California.
(2) Makes the GenAI model available to Californians for use.
(f) 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. A developer of a GenAI model shall do all of the following:(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content a fingerprint for any copyrighted material that might have been used to train that is compatible with the developers GenAI system or model.(c) (1) Make available a mechanism on the developers internet website allowing a copyright owner to submit a request pursuant to subdivision (a) of Section 3117. for information about the developers use of copyrighted materials.(2) The mechanism made available pursuant to this subdivision shall allow a copyright owner to provide the developer with all of the following:(A) Documentation sufficient to establish the copyright owners identity.(B) The physical or electronic signature of the copyright owner.(C) Registration numbers and fingerprints for one or more copyrighted materials.(d) Document any requests received using the mechanism established pursuant to subdivision (a) of Section 3117. (c).(e) Retain any documentation required by this section for as long as the developer uses the GenAI model commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.
3116. A developer of a GenAI model shall do all of the following:
###### 3116.
(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI model.
(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.
(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision.
(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content a fingerprint for any copyrighted material that might have been used to train that is compatible with the developers GenAI system or model.
(c) (1) Make available a mechanism on the developers internet website allowing a copyright owner to submit a request pursuant to subdivision (a) of Section 3117. for information about the developers use of copyrighted materials.
(2) The mechanism made available pursuant to this subdivision shall allow a copyright owner to provide the developer with all of the following:
(A) Documentation sufficient to establish the copyright owners identity.
(B) The physical or electronic signature of the copyright owner.
(C) Registration numbers and fingerprints for one or more copyrighted materials.
(d) Document any requests received using the mechanism established pursuant to subdivision (a) of Section 3117. (c).
(e) Retain any documentation required by this section for as long as the developer uses the GenAI model commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.
(a)(1)A copyright owner may request information about a developers use of copyrighted materials held by the copyright owner by providing the developer with all of the following:
(A)Proof of the copyright owners identity.
(B)The copyright registration numbers of each copyrighted material held by the copyright owner.
(C)An approximate content fingerprint for each copyrighted material.
3117. (a) Within seven days of receiving a request for information from a copyright owner using the mechanism established pursuant to subdivision (c) of Section 3116, a developer shall do both of the following:(1) (A) For each fingerprint provided by the copyright owner, assess whether the copyrighted material represented by the fingerprint is likely to be present in the developers dataset.(B) A developer shall not be required to assess a fingerprint that was not generated according to widely accepted industry standards.(2) Provide the copyright owner with the following information:(A) A list of copyrighted materials held by the copyright owner that the developer documented pursuant to subdivision (a) of Section 3116.(B) A list of copyrighted materials held by the copyright owner that a fingerprint assessment suggests are likely to be present in the developers dataset pursuant to paragraph (1). (2)(b) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision section shall be reasonably necessary and proportionate to achieve the purposes for which the information was collected and processed, or for another disclosed purpose that is compatible with the context in which the information was collected, and not further processed in a manner that is incompatible with those purposes.(b)(1)Within seven days of receiving a request from a copyright owner pursuant to subdivision (a), a developer shall provide the copyright owner with a complete list of copyrighted materials held by the copyright owner that were used to train the GenAI model. (2)(c) Each day after the seven-day period described in paragraph (1) subdivision (a) that a developer fails to provide a copyright owner with a list of copyrighted materials the information required under this title constitutes a discrete violation of this title. violation.
3117. (a) Within seven days of receiving a request for information from a copyright owner using the mechanism established pursuant to subdivision (c) of Section 3116, a developer shall do both of the following:(1) (A) For each fingerprint provided by the copyright owner, assess whether the copyrighted material represented by the fingerprint is likely to be present in the developers dataset.(B) A developer shall not be required to assess a fingerprint that was not generated according to widely accepted industry standards.(2) Provide the copyright owner with the following information:(A) A list of copyrighted materials held by the copyright owner that the developer documented pursuant to subdivision (a) of Section 3116.(B) A list of copyrighted materials held by the copyright owner that a fingerprint assessment suggests are likely to be present in the developers dataset pursuant to paragraph (1). (2)
3117. (a) Within seven days of receiving a request for information from a copyright owner using the mechanism established pursuant to subdivision (c) of Section 3116, a developer shall do both of the following:
###### 3117.
(1) (A) For each fingerprint provided by the copyright owner, assess whether the copyrighted material represented by the fingerprint is likely to be present in the developers dataset.
(B) A developer shall not be required to assess a fingerprint that was not generated according to widely accepted industry standards.
(2) Provide the copyright owner with the following information:
(A) A list of copyrighted materials held by the copyright owner that the developer documented pursuant to subdivision (a) of Section 3116.
(B) A list of copyrighted materials held by the copyright owner that a fingerprint assessment suggests are likely to be present in the developers dataset pursuant to paragraph (1).
(2)
(b) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision section shall be reasonably necessary and proportionate to achieve the purposes for which the information was collected and processed, or for another disclosed purpose that is compatible with the context in which the information was collected, and not further processed in a manner that is incompatible with those purposes.
(b)(1)Within seven days of receiving a request from a copyright owner pursuant to subdivision (a), a developer shall provide the copyright owner with a complete list of copyrighted materials held by the copyright owner that were used to train the GenAI model.
(2)
(c) Each day after the seven-day period described in paragraph (1) subdivision (a) that a developer fails to provide a copyright owner with a list of copyrighted materials the information required under this title constitutes a discrete violation of this title. violation.
3118. A copyright owner that is not provided with a list of copyrighted materials the information as required by 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 copyrighted materials the information as required by this title may bring a civil action against the developer for any of the following:
###### 3118.
(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.
3119. This title does not apply to a developer that makes all of the data used to train the developers GenAI model publicly available at no cost to users of the developers internet website.
3119. This title does not apply to a developer that makes all of the data used to train the developers GenAI model publicly available at no cost to users of the developers internet website.
###### 3119.