| Old | New | Differences | |
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| 1 | + | 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, of a generative artificial intelligence system or model to, among other things, document any copyrighted materials that the developer knows were used to train the system or model and document the copyright owner of that copyrighted material. 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. The bill would require a developer to provide a copyright owner with a comprehensive complete list of their copyrighted materials that were used to train the system or model for which the copyright owner holds the copyright within 7 days of receiving a written that request from the copyright owner of the copyrighted material, owner, and 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 constitutes a discrete violation. The bill would, if the written request is from a copyright owner whose copyrighted materials were 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 copyrighted 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 copyrighted materials or notified by a developer according to these provisions to bring a civil action against the developer for specified relief. The bill would provide that certain requirements under the bill the bills requirements do not apply to a developer that makes the information regarding copyrighted materials all of the data used to train the system or model and the copyright owner of that copyrighted material publicly available at no cost, as specified.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 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. (a)(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.(b)(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.). (c)(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.).(d)(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model and that does either of the following:(1) Uses the GenAI system or model commercially in California.(2) Makes the GenAI system or model available to Californians for use. (e)(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)A developer of a GenAI system or model shall do all of the following:(1)(A) Document(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI system or model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(B)For each(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision, document the copyright owner of the copyrighted material. subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content fingerprint for any copyrighted material that might have been used to train the developers GenAI system or model.(2)(A) Make(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to subdivision (a) of Section 3117.(B)(d) Document any requests received pursuant to subdivision (a) of Section 3117.(3)(e) Retain any documentation required by this section for as long as the developer uses the GenAI system or model is used commercially, commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.(b)Paragraph (2) of subdivision (a) does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) publicly available at no cost to users of the developers internet website.3117.(a)(1)Within3117. (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.(2) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision 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 written request from a copyright owner of a copyrighted material used to train a GenAI system or model, pursuant to subdivision (a), a developer shall provide the copyright owner with a comprehensive complete list of copyrighted materials held by the copyright owner that were used to train the GenAI system or model for which the copyright owner holds the copyright. model.(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 copyrighted 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 whose copyrighted materials were not used to train a GenAI system or model, a developer shall notify the copyright owner that no copyrighted materials for which the copyright owner holds the copyright were used to train the GenAI system or model.(c)This section does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) of Section 3116 publicly available at no cost to users of the developers internet website.3118. A copyright owner that is not provided with a list of copyrighted materials or notified by a developer 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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | 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, of a generative artificial intelligence system or model to, among other things, document any copyrighted materials that the developer knows were used to train the system or model and document the copyright owner of that copyrighted material. 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. The bill would require a developer to provide a copyright owner with a comprehensive complete list of their copyrighted materials that were used to train the system or model for which the copyright owner holds the copyright within 7 days of receiving a written that request from the copyright owner of the copyrighted material, owner, and 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 constitutes a discrete violation. The bill would, if the written request is from a copyright owner whose copyrighted materials were 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 copyrighted 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 copyrighted materials or notified by a developer according to these provisions to bring a civil action against the developer for specified relief. The bill would provide that certain requirements under the bill the bills requirements do not apply to a developer that makes the information regarding copyrighted materials all of the data used to train the system or model and the copyright owner of that copyrighted material publicly available at no cost, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 20, 2025 Amended IN Assembly March 10, 2025 Amended IN Assembly February 25, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 21, 2025 | |
| 8 | 7 | Amended IN Assembly March 20, 2025 | |
| 9 | 8 | Amended IN Assembly March 10, 2025 | |
| 10 | 9 | Amended IN Assembly February 25, 2025 | |
| 11 | - | ||
| 12 | - | ||
| 13 | 10 | ||
| 14 | 11 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 15 | 12 | ||
| 16 | 13 | Assembly Bill | |
| 17 | 14 | ||
| 18 | 15 | No. 412 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member Bauer-KahanFebruary 04, 2025 | |
| 21 | 18 | ||
| 22 | 19 | Introduced by Assembly Member Bauer-Kahan | |
| 23 | 20 | February 04, 2025 | |
| 24 | 21 | ||
| 25 | - | ||
| 26 | - | ||
| 27 | 22 | 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. | |
| 28 | 23 | ||
| 29 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 25 | ||
| 31 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 32 | 27 | ||
| 33 | 28 | AB 412, as amended, Bauer-Kahan. Generative artificial intelligence: training data: copyrighted materials. | |
| 34 | 29 | ||
| 35 | - | 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, | |
| 30 | + | 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, of a generative artificial intelligence system or model to, among other things, document any copyrighted materials that the developer knows were used to train the system or model and document the copyright owner of that copyrighted material. 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. The bill would require a developer to provide a copyright owner with a comprehensive complete list of their copyrighted materials that were used to train the system or model for which the copyright owner holds the copyright within 7 days of receiving a written that request from the copyright owner of the copyrighted material, owner, and 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 constitutes a discrete violation. The bill would, if the written request is from a copyright owner whose copyrighted materials were 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 copyrighted 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 copyrighted materials or notified by a developer according to these provisions to bring a civil action against the developer for specified relief. The bill would provide that certain requirements under the bill the bills requirements do not apply to a developer that makes the information regarding copyrighted materials all of the data used to train the system or model and the copyright owner of that copyrighted material publicly available at no cost, as specified. | |
| 36 | 31 | ||
| 37 | 32 | 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. | |
| 38 | 33 | ||
| 39 | 34 | 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. | |
| 40 | 35 | ||
| 41 | - | This bill would require a developer, as defined, | |
| 36 | + | This bill would require a developer, as defined, of a generative artificial intelligence system or model to, among other things, document any copyrighted materials that the developer knows were used to train the system or model and document the copyright owner of that copyrighted material. 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. The bill would require a developer to provide a copyright owner with a comprehensive complete list of their copyrighted materials that were used to train the system or model for which the copyright owner holds the copyright within 7 days of receiving a written that request from the copyright owner of the copyrighted material, owner, and 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 constitutes a discrete violation. The bill would, if the written request is from a copyright owner whose copyrighted materials were 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 copyrighted 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 copyrighted materials or notified by a developer according to these provisions to bring a civil action against the developer for specified relief. The bill would provide that certain requirements under the bill the bills requirements do not apply to a developer that makes the information regarding copyrighted materials all of the data used to train the system or model and the copyright owner of that copyrighted material publicly available at no cost, as specified. | |
| 42 | 37 | ||
| 43 | 38 | ## Digest Key | |
| 44 | 39 | ||
| 45 | 40 | ## Bill Text | |
| 46 | 41 | ||
| 47 | - | 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 | |
| 42 | + | 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 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. (a)(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.(b)(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.). (c)(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.).(d)(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model and that does either of the following:(1) Uses the GenAI system or model commercially in California.(2) Makes the GenAI system or model available to Californians for use. (e)(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)A developer of a GenAI system or model shall do all of the following:(1)(A) Document(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI system or model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(B)For each(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision, document the copyright owner of the copyrighted material. subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content fingerprint for any copyrighted material that might have been used to train the developers GenAI system or model.(2)(A) Make(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to subdivision (a) of Section 3117.(B)(d) Document any requests received pursuant to subdivision (a) of Section 3117.(3)(e) Retain any documentation required by this section for as long as the developer uses the GenAI system or model is used commercially, commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.(b)Paragraph (2) of subdivision (a) does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) publicly available at no cost to users of the developers internet website.3117.(a)(1)Within3117. (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.(2) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision 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 written request from a copyright owner of a copyrighted material used to train a GenAI system or model, pursuant to subdivision (a), a developer shall provide the copyright owner with a comprehensive complete list of copyrighted materials held by the copyright owner that were used to train the GenAI system or model for which the copyright owner holds the copyright. model.(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 copyrighted 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 whose copyrighted materials were not used to train a GenAI system or model, a developer shall notify the copyright owner that no copyrighted materials for which the copyright owner holds the copyright were used to train the GenAI system or model.(c)This section does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) of Section 3116 publicly available at no cost to users of the developers internet website.3118. A copyright owner that is not provided with a list of copyrighted materials or notified by a developer 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. | |
| 48 | 43 | ||
| 49 | 44 | The people of the State of California do enact as follows: | |
| 50 | 45 | ||
| 51 | 46 | ## The people of the State of California do enact as follows: | |
| 52 | 47 | ||
| 53 | - | 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 | |
| 48 | + | 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 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. (a)(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.(b)(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.). (c)(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.).(d)(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model and that does either of the following:(1) Uses the GenAI system or model commercially in California.(2) Makes the GenAI system or model available to Californians for use. (e)(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)A developer of a GenAI system or model shall do all of the following:(1)(A) Document(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI system or model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(B)For each(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision, document the copyright owner of the copyrighted material. subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content fingerprint for any copyrighted material that might have been used to train the developers GenAI system or model.(2)(A) Make(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to subdivision (a) of Section 3117.(B)(d) Document any requests received pursuant to subdivision (a) of Section 3117.(3)(e) Retain any documentation required by this section for as long as the developer uses the GenAI system or model is used commercially, commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.(b)Paragraph (2) of subdivision (a) does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) publicly available at no cost to users of the developers internet website.3117.(a)(1)Within3117. (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.(2) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision 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 written request from a copyright owner of a copyrighted material used to train a GenAI system or model, pursuant to subdivision (a), a developer shall provide the copyright owner with a comprehensive complete list of copyrighted materials held by the copyright owner that were used to train the GenAI system or model for which the copyright owner holds the copyright. model.(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 copyrighted 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 whose copyrighted materials were not used to train a GenAI system or model, a developer shall notify the copyright owner that no copyrighted materials for which the copyright owner holds the copyright were used to train the GenAI system or model.(c)This section does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) of Section 3116 publicly available at no cost to users of the developers internet website.3118. A copyright owner that is not provided with a list of copyrighted materials or notified by a developer 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. | |
| 54 | 49 | ||
| 55 | 50 | SECTION 1. Title 15.3 (commencing with Section 3115) is added to Part 4 of Division 3 of the Civil Code, to read: | |
| 56 | 51 | ||
| 57 | 52 | ### SECTION 1. | |
| 58 | 53 | ||
| 59 | - | TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training3115. For the purposes of this title, the following definitions apply:(a) Approximate content fingerprint | |
| 54 | + | TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training3115. For the purposes of this title, the following definitions apply:(a) Approximate content 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. (a)(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.(b)(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.). (c)(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.).(d)(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model and that does either of the following:(1) Uses the GenAI system or model commercially in California.(2) Makes the GenAI system or model available to Californians for use. (e)(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)A developer of a GenAI system or model shall do all of the following:(1)(A) Document(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI system or model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(B)For each(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision, document the copyright owner of the copyrighted material. subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content fingerprint for any copyrighted material that might have been used to train the developers GenAI system or model.(2)(A) Make(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to subdivision (a) of Section 3117.(B)(d) Document any requests received pursuant to subdivision (a) of Section 3117.(3)(e) Retain any documentation required by this section for as long as the developer uses the GenAI system or model is used commercially, commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.(b)Paragraph (2) of subdivision (a) does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) publicly available at no cost to users of the developers internet website.3117.(a)(1)Within3117. (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.(2) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision 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 written request from a copyright owner of a copyrighted material used to train a GenAI system or model, pursuant to subdivision (a), a developer shall provide the copyright owner with a comprehensive complete list of copyrighted materials held by the copyright owner that were used to train the GenAI system or model for which the copyright owner holds the copyright. model.(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 copyrighted 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 whose copyrighted materials were not used to train a GenAI system or model, a developer shall notify the copyright owner that no copyrighted materials for which the copyright owner holds the copyright were used to train the GenAI system or model.(c)This section does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) of Section 3116 publicly available at no cost to users of the developers internet website.3118. A copyright owner that is not provided with a list of copyrighted materials or notified by a developer 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. | |
| 60 | 55 | ||
| 61 | - | TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training3115. For the purposes of this title, the following definitions apply:(a) Approximate content fingerprint | |
| 56 | + | TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training3115. For the purposes of this title, the following definitions apply:(a) Approximate content 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. (a)(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.(b)(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.). (c)(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.).(d)(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model and that does either of the following:(1) Uses the GenAI system or model commercially in California.(2) Makes the GenAI system or model available to Californians for use. (e)(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)A developer of a GenAI system or model shall do all of the following:(1)(A) Document(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI system or model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(B)For each(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision, document the copyright owner of the copyrighted material. subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content fingerprint for any copyrighted material that might have been used to train the developers GenAI system or model.(2)(A) Make(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to subdivision (a) of Section 3117.(B)(d) Document any requests received pursuant to subdivision (a) of Section 3117.(3)(e) Retain any documentation required by this section for as long as the developer uses the GenAI system or model is used commercially, commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.(b)Paragraph (2) of subdivision (a) does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) publicly available at no cost to users of the developers internet website.3117.(a)(1)Within3117. (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.(2) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision 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 written request from a copyright owner of a copyrighted material used to train a GenAI system or model, pursuant to subdivision (a), a developer shall provide the copyright owner with a comprehensive complete list of copyrighted materials held by the copyright owner that were used to train the GenAI system or model for which the copyright owner holds the copyright. model.(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 copyrighted 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 whose copyrighted materials were not used to train a GenAI system or model, a developer shall notify the copyright owner that no copyrighted materials for which the copyright owner holds the copyright were used to train the GenAI system or model.(c)This section does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) of Section 3116 publicly available at no cost to users of the developers internet website.3118. A copyright owner that is not provided with a list of copyrighted materials or notified by a developer 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. | |
| 62 | 57 | ||
| 63 | 58 | TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training | |
| 64 | 59 | ||
| 65 | 60 | TITLE 15.3. Copyrighted Materials Used for Artificial Intelligence Training | |
| 66 | 61 | ||
| 67 | - | ||
| 62 | + | 3115. For the purposes of this title, the following definitions apply:(a) Approximate content 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. (a)(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.(b)(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.). (c)(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.).(d)(e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model and that does either of the following:(1) Uses the GenAI system or model commercially in California.(2) Makes the GenAI system or model available to Californians for use. (e)(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. | |
| 68 | 63 | ||
| 69 | - | ||
| 64 | + | ||
| 70 | 65 | ||
| 71 | 66 | 3115. For the purposes of this title, the following definitions apply: | |
| 72 | 67 | ||
| 73 | - | ###### 3115. | |
| 74 | - | ||
| 75 | - | (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: | |
| 68 | + | (a) Approximate content fingerprint means an abstract representation of digital content that encodes distinctive features of the content and that is all of the following: | |
| 76 | 69 | ||
| 77 | 70 | (1) Distinct to the digital content being represented. | |
| 78 | 71 | ||
| 79 | 72 | (2) Robust to minor variations in the original digital content. | |
| 80 | 73 | ||
| 81 | 74 | (3) Incapable of being used to reconstruct the original digital content. | |
| 82 | 75 | ||
| 83 | 76 | (4) Capable of being used to readily identify digital content in a dataset. | |
| 84 | 77 | ||
| 78 | + | (a) | |
| 79 | + | ||
| 80 | + | ||
| 81 | + | ||
| 85 | 82 | (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. | |
| 83 | + | ||
| 84 | + | (b) | |
| 85 | + | ||
| 86 | + | ||
| 86 | 87 | ||
| 87 | 88 | (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.). | |
| 88 | 89 | ||
| 90 | + | (c) | |
| 91 | + | ||
| 92 | + | ||
| 93 | + | ||
| 89 | 94 | (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.). | |
| 90 | 95 | ||
| 91 | - | ( | |
| 96 | + | (d) | |
| 92 | 97 | ||
| 93 | - | (1) Uses the GenAI model commercially in California. | |
| 94 | 98 | ||
| 95 | - | (2) Makes the GenAI model available to Californians for use. | |
| 99 | + | ||
| 100 | + | (e) Developer means a person, partnership, or corporation that designs, codes, produces, or substantially modifies a GenAI system or model and that does either of the following: | |
| 101 | + | ||
| 102 | + | (1) Uses the GenAI system or model commercially in California. | |
| 103 | + | ||
| 104 | + | (2) Makes the GenAI system or model available to Californians for use. | |
| 105 | + | ||
| 106 | + | (e) | |
| 107 | + | ||
| 108 | + | ||
| 96 | 109 | ||
| 97 | 110 | (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. | |
| 98 | 111 | ||
| 99 | - | 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 | |
| 112 | + | 3116. (a)A developer of a GenAI system or model shall do all of the following:(1)(A) Document(a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI system or model.(2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model.(B)For each(3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision, document the copyright owner of the copyrighted material. subdivision.(b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content fingerprint for any copyrighted material that might have been used to train the developers GenAI system or model.(2)(A) Make(c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to subdivision (a) of Section 3117.(B)(d) Document any requests received pursuant to subdivision (a) of Section 3117.(3)(e) Retain any documentation required by this section for as long as the developer uses the GenAI system or model is used commercially, commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years.(b)Paragraph (2) of subdivision (a) does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) publicly available at no cost to users of the developers internet website. | |
| 100 | 113 | ||
| 101 | - | 3116. A developer of a GenAI model shall do all of the following: | |
| 102 | 114 | ||
| 103 | - | ###### 3116. | |
| 104 | 115 | ||
| 105 | - | (a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI model. | |
| 116 | + | 3116. (a)A developer of a GenAI system or model shall do all of the following: | |
| 117 | + | ||
| 118 | + | (1)(A) Document | |
| 119 | + | ||
| 120 | + | ||
| 121 | + | ||
| 122 | + | (a) (1) Document any copyrighted materials that the developer knows were used to train the GenAI system or model. | |
| 106 | 123 | ||
| 107 | 124 | (2) Make reasonable efforts to identify and document any other copyrighted materials that were used to train the GenAI model. | |
| 108 | 125 | ||
| 109 | - | ( | |
| 126 | + | (B)For each | |
| 110 | 127 | ||
| 111 | - | (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. | |
| 112 | 128 | ||
| 113 | - | (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. | |
| 114 | 129 | ||
| 115 | - | ( | |
| 130 | + | (3) Document the copyright owner of each copyrighted material documented pursuant to this subdivision, document the copyright owner of the copyrighted material. subdivision. | |
| 116 | 131 | ||
| 117 | - | ( | |
| 132 | + | (b) Make available information on the developers internet website sufficient to enable a copyright owner to generate an approximate content fingerprint for any copyrighted material that might have been used to train the developers GenAI system or model. | |
| 118 | 133 | ||
| 119 | - | ( | |
| 134 | + | (2)(A) Make | |
| 120 | 135 | ||
| 121 | - | (C) Registration numbers and fingerprints for one or more copyrighted materials. | |
| 122 | 136 | ||
| 123 | - | (d) Document any requests received using the mechanism established pursuant to subdivision (a) of Section 3117. (c). | |
| 124 | 137 | ||
| 125 | - | ( | |
| 138 | + | (c) Make available a mechanism on the developers internet website allowing a copyright owner to submit a written request pursuant to subdivision (a) of Section 3117. | |
| 126 | 139 | ||
| 127 | - | (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: | |
| 140 | + | (B) | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | ||
| 144 | + | (d) Document any requests received pursuant to subdivision (a) of Section 3117. | |
| 145 | + | ||
| 146 | + | (3) | |
| 147 | + | ||
| 148 | + | ||
| 149 | + | ||
| 150 | + | (e) Retain any documentation required by this section for as long as the developer uses the GenAI system or model is used commercially, commercially in California or makes the GenAI system or model available to Californians for use, whichever is longer, plus 10 years. | |
| 151 | + | ||
| 152 | + | (b)Paragraph (2) of subdivision (a) does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) publicly available at no cost to users of the developers internet website. | |
| 153 | + | ||
| 154 | + | ||
| 155 | + | ||
| 156 | + | ||
| 157 | + | ||
| 158 | + | (a)(1)Within | |
| 159 | + | ||
| 160 | + | ||
| 161 | + | ||
| 162 | + | 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.(2) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision 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 written request from a copyright owner of a copyrighted material used to train a GenAI system or model, pursuant to subdivision (a), a developer shall provide the copyright owner with a comprehensive complete list of copyrighted materials held by the copyright owner that were used to train the GenAI system or model for which the copyright owner holds the copyright. model.(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 copyrighted 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 whose copyrighted materials were not used to train a GenAI system or model, a developer shall notify the copyright owner that no copyrighted materials for which the copyright owner holds the copyright were used to train the GenAI system or model.(c)This section does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) of Section 3116 publicly available at no cost to users of the developers internet website. | |
| 163 | + | ||
| 164 | + | 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.(2) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision 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. | |
| 165 | + | ||
| 166 | + | 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: | |
| 128 | 167 | ||
| 129 | 168 | (A) Proof of the copyright owners identity. | |
| 130 | 169 | ||
| 131 | 170 | (B) The copyright registration numbers of each copyrighted material held by the copyright owner. | |
| 132 | 171 | ||
| 133 | 172 | (C) An approximate content fingerprint for each copyrighted material. | |
| 134 | 173 | ||
| 135 | - | ||
| 174 | + | (2) A developers collection, use, retention, and sharing of information from a copyright owner pursuant to this subdivision 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. | |
| 136 | 175 | ||
| 137 | - | ||
| 176 | + | (b) (1) Within seven days of receiving a written request from a copyright owner of a copyrighted material used to train a GenAI system or model, pursuant to subdivision (a), a developer shall provide the copyright owner with a comprehensive complete list of copyrighted materials held by the copyright owner that were used to train the GenAI system or model for which the copyright owner holds the copyright. model. | |
| 138 | 177 | ||
| 139 | - | ||
| 178 | + | (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 copyrighted materials pursuant to this subdivision constitutes a discrete violation of this title. | |
| 140 | 179 | ||
| 141 | - | ||
| 180 | + | (b)Within 30 days of receiving a written request from a copyright owner whose copyrighted materials were not used to train a GenAI system or model, a developer shall notify the copyright owner that no copyrighted materials for which the copyright owner holds the copyright were used to train the GenAI system or model. | |
| 142 | 181 | ||
| 143 | - | (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. | |
| 144 | 182 | ||
| 145 | - | (B) A developer shall not be required to assess a fingerprint that was not generated according to widely accepted industry standards. | |
| 146 | 183 | ||
| 147 | - | ( | |
| 184 | + | (c)This section does not apply to a developer that makes the documentation required under paragraph (1) of subdivision (a) of Section 3116 publicly available at no cost to users of the developers internet website. | |
| 148 | 185 | ||
| 149 | - | (A) A list of copyrighted materials held by the copyright owner that the developer documented pursuant to subdivision (a) of Section 3116. | |
| 150 | 186 | ||
| 151 | - | (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). | |
| 152 | 187 | ||
| 153 | - | ( | |
| 188 | + | 3118. A copyright owner that is not provided with a list of copyrighted materials or notified by a developer 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. | |
| 154 | 189 | ||
| 155 | - | (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. | |
| 156 | 190 | ||
| 157 | - | (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. | |
| 158 | 191 | ||
| 159 | - | (2) | |
| 160 | - | ||
| 161 | - | (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. | |
| 162 | - | ||
| 163 | - | 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. | |
| 164 | - | ||
| 165 | - | 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: | |
| 166 | - | ||
| 167 | - | ###### 3118. | |
| 192 | + | 3118. A copyright owner that is not provided with a list of copyrighted materials or notified by a developer as required by this title may bring a civil action against the developer for any of the following: | |
| 168 | 193 | ||
| 169 | 194 | (a) One thousand dollars ($1,000) per violation or actual damages, whichever is greater. | |
| 170 | 195 | ||
| 171 | 196 | (b) Injunctive or declaratory relief. | |
| 172 | 197 | ||
| 173 | 198 | (c) Reasonable attorneys costs and fees. | |
| 174 | 199 | ||
| 175 | 200 | (d) Any other relief the court deems appropriate. | |
| 176 | 201 | ||
| 177 | 202 | 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. | |
| 178 | 203 | ||
| 204 | + | ||
| 205 | + | ||
| 179 | 206 | 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. | |
| 180 | - | ||
| 181 | - | ###### 3119. |