[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3813 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 3813
To require a notice be submitted to the Register of Copyrights with
respect to copyrighted works used in building generative artificial
intelligence models, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2026
Mr. Schiff (for himself and Mr. Curtis) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require a notice be submitted to the Register of Copyrights with
respect to copyrighted works used in building generative artificial
intelligence models, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copyright Labeling and Ethical AI
Reporting Act'' or the ``CLEAR Act''.
SEC. 2. NOTICE TO BE SUBMITTED TO THE REGISTER OF COPYRIGHTS WITH
RESPECT TO COPYRIGHTED WORKS USED IN BUILDING GENERATIVE
AI MODELS.
(a) Definitions.--In this section:
(1) Artificial intelligence.--The term ``artificial
intelligence'' means an automated system designed to perform a
task typically associated with human intelligence or cognitive
function.
(2) Copyrighted work.--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.
(3) Generative ai model.--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.
(4) Register.--The term ``Register'' means the Register of
Copyrights.
(5) Training dataset.--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.
(b) Notice.--
(1) Requirement.--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.
(2) Time for filing 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.
(3) Regulations.--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.
(c) Enforcement.--
(1) Cause of action.--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.
(2) Penalties.--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.
(3) Limitation.--
(A) In general.--In any year, a person may not be
subject to more than $2,500,000 in total civil
penalties imposed under paragraph (2)(A).
(B) Other penalties remain available.--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).
(d) Database.--The Register shall establish and maintain a publicly
available online database that contains each notice submitted under
subsection (b)(1).
(e) Effective Date.--This Act shall take effect on the date that is
180 days after the date of enactment of this Act.
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