This bill mandates developers of generative AI to document training data sources they know were used and respond to rights owner inquiries. Exemptions apply for models trained exclusively using data the developer makes publicly available at no cost, as specified.
If you develop generative AI in California, you must document training data and respond to rights owner requests by January 1, 2026, or face legal action.
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What This Means
AB 412 seeks to regulate the use of copyrighted materials in training generative AI systems by requiring developers to document known data sources. It establishes a process for rights owners to inquire about the use of their materials and mandates compliance within a specified timeframe. Failure to comply could lead to civil actions against developers, making it crucial for businesses in the AI sector to understand these obligations. Exemptions are provided for models trained exclusively using data the developer makes publicly available at no cost, as specified.
Key Provisions
- Developers must document covered materials they know were used in training generative AI models.
- A mechanism for rights owners to request information about their materials must be provided.
- Developers have 30 days to respond to rights owner requests with relevant information, assessing the likelihood of covered materials being present when a fingerprint is provided.
- Each day of non-compliance after the 30-day period constitutes a discrete violation.
- Rights owners can bring civil actions against developers for failure to comply.
- Exemptions apply for models trained exclusively using data the developer makes publicly available at no cost, as specified.
Latest Legislative Action
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P., D.T., & C.P.
Bill Sponsors
| Name | Role |
|---|---|
| Bauer-Kahan | Author |
| Kalra | Coauthor |
Compliance Checklist
Who: Developers of generative AI systems.
Deadline: By January 1, 2026.
Penalty: Daily violations may lead to civil actions.
Who: Developers of generative AI systems.
Deadline: By January 1, 2026.
Penalty: Failure to comply may result in civil actions.
Full Legal Analysis
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