In a move to establish greater transparency and protect artists' intellectual property rights, a bill introduced in the US Congress aims to force artificial intelligence (AI) companies to disclose the copyrighted material they use to train their generative AI models. The legislation, known as the Generative AI Copyright Disclosure Act, adds to the growing efforts by lawmakers, news outlets, and artists to address concerns over potentially illegal usage of copyrighted content by AI firms.

California Democratic congressman Adam Schiff introduced the bill, which mandates that AI companies submit any copyrighted works included in their training datasets to the Register of Copyrights prior to the release of new generative AI systems. These systems are designed to create text, images, music, or video in response to user prompts. Companies failing to comply with the disclosure requirements at least 30 days before unveiling their AI tools may face financial penalties.

The datasets used by AI companies can encompass billions of lines of text, images, or millions of hours of music and movies. By requiring companies to disclose this information, Schiff aims to strike a balance between the potential benefits of AI and the need for ethical guidelines and protections.

The proposed bill would not prohibit AI from utilizing copyrighted material for training purposes. Instead, it places the onus on companies to publicize the wide range of works that they employ to build their tools. Data that is typically kept private would now be subject to scrutiny and registration.

The legislation has received favorable support from various entertainment industry organizations and unions, including the Recording Industry Association of America, the Professional Photographers of America, the Directors Guild of America, and the Screen Actors Guild-American Federation of Television and Radio Artists. These groups recognize that all AI-generated content ultimately originates from human creative sources and emphasize the importance of protecting intellectual property.

As major AI companies, such as OpenAI, face lawsuits over alleged copyright infringement related to the use of copyrighted works in their AI tools, the legal battle surrounding fair use becomes increasingly significant. OpenAI and other entities in the AI sector have denied any wrongdoing and argued that their use of copyrighted material falls under fair use, a legal doctrine permitting certain unlicensed usage of copyrighted materials under specific conditions. The outcome of these lawsuits could have significant implications for both artists' livelihoods and the bottom line of AI companies.

The push for increased protections against AI has been further amplified by over 200 high-profile musical artists who recently released an open letter. The letter calls for safeguards against AI and requests that companies refrain from developing tools that could undermine or replace musicians and songwriters.

As AI companies expand the capabilities of their generative AI tools, the concerns raised by entertainment industry workers prompt a crucial dialogue on the potential threats to artists' rights. The proposed bill aims to address these concerns and establish a framework for responsible and ethical AI practices while safeguarding the interests of creators.