CLEAR Act

In this section:

The term artificial intelligence means an automated system designed to perform a task typically associated with human intelligence or cognitive function.

The term copyrighted work means a work that is—

(A) protected under title 17, United States Code; and

(B) registered under section 408, or scheduled pursuant to section 1401, of title 17, United States Code.

The term generative AI model means a combination of computer code and numerical values that is designed to use artificial intelligence to generate outputs in the form of expressive material, such as text, images, audio, or video.

The term Register means the Register of Copyrights.

The term training dataset means a collection of individual units of material, including any combination of text, images, audio, video, or other categories of material, and annotations, if any, describing that material.

A person that uses a training dataset in connection with the training or release of a generative AI model shall submit to the Register notice that contains—

(A) a sufficiently detailed summary of each copyrighted work in the training dataset; and

(B) the Uniform Resource Locator for that training dataset, if the training dataset is publicly available on the internet at the time the person submits the notice.

The notice required under paragraph (1) shall be submitted—

(A) not later than 30 days before the date on which the applicable generative AI model is used commercially (including when that use is internal to an organization) or released (without regard to whether that release is commercial in nature or whether that release is to the public or to a third party), in the case that the generative AI model is first used or released on or after the effective date of this Act; and

(B) not later than 30 days after the date on which the Register issues regulations under paragraph (3), in the case that the applicable generative AI model is first used or released before the effective date of this Act.

Not later than 180 days after the effective date of this Act, the Register shall issue regulations establishing the form, content, and filing procedures for the notice required under this subsection.

If a person uses a copyrighted work in a manner described in subsection (b) without submitting the notice required under that subsection, the owner of the copyrighted work may bring an action in an appropriate district court of the United States against that person.

Subject to paragraph (3), in an action brought under paragraph (1), the court may—

(A) impose a civil penalty, to be paid by the person against which the action is brought—

(i) in an amount that is not less than $5,000 for each instance in which the person against which the action is brought failed to submit the required notice; and

(ii) which shall be paid to the Register, who shall use the penalty amount to offset the operating costs of the Copyright Office;

(B) issue an injunction that requires the person against which the action is brought to stop using the applicable work in the manner described in subsection (b) until that person submits the notice required under that subsection; and

(C) award to the owner of the applicable copyrighted work attorney’s fees and expenses with respect to the action.

In any year, a person may not be subject to more than $2,500,000 in total civil penalties imposed under paragraph (2)(A).

The limitation under subparagraph (A) shall not affect the ability of the owner of a copyrighted work, during the period in which that limitation applies, to obtain a remedy described in subparagraph (B) or (C) of paragraph (2) with respect to an action brought by the owner under paragraph (1).

The Register shall establish and maintain a publicly available online database that contains each notice submitted under subsection (b)(1).

This Act shall take effect on the date that is 180 days after the date of enactment of this Act.