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H.R. 7209·119th Congress·Introduced Jan 22, 2026

TRAIN Act

IntroducedCommerceMajor
View bill text
Sponsor
Rep. Dean, Madeleine [D-PA-4]
Committees
Judiciary Committee (primary)
Last action
Jan 22, 2026

Bottom line

The TRAIN Act aims to provide copyright holders with a new tool to ascertain whether their works were used in AI model training, potentially streamlining the discovery phase for future copyright infringement claims.

What it actually does

This bill establishes a new administrative subpoena process under copyright law, allowing copyright owners to compel developers of generative artificial intelligence models to disclose which of the owner's copyrighted works were used in training. The process requires a subjective good faith belief from the copyright owner and mandates expeditious disclosure from developers, with non-compliance leading to a rebuttable presumption of copying.

Proponents argue

Proponents argue this bill provides much-needed transparency for copyright owners who currently lack a clear mechanism to determine if their intellectual property has been used to train AI models. They contend it will help protect creators' rights in the evolving landscape of AI, enabling them to make informed decisions about potential infringement claims without resorting to lengthy and costly litigation for basic discovery.

Opponents contend

Opponents might argue that this subpoena process could be overly burdensome for AI developers, potentially leading to a flood of requests based on subjective good faith beliefs, and could expose proprietary training data or methodologies. They may also raise concerns about the potential for abuse of the subpoena power, even with bad faith sanctions, and the practical challenges of definitively identifying specific copyrighted works within vast training datasets.

The bill is short and relatively straightforward, allowing a reader to quickly grasp its core mechanism and implications.

Section 2, adding new 17 U.S.C. 514(b)-(f)

Establishment of Subpoena for AI Training Data

prominently featuredmoderately complex

This provision creates a new legal mechanism allowing copyright owners (or their representatives) to request a subpoena from a U.S. district court clerk. This subpoena would compel developers of generative AI models to disclose copies or records identifying the owner's copyrighted works used in training. The request requires a sworn declaration of a subjective good faith belief that the works were used, and the disclosure is limited to the requester's own works. Clerks are mandated to issue the subpoena if the request is in proper form.

GroupImpactMechanismScale
GroupCopyright OwnersImpactEmpowered with new discovery toolMechanismDirect access to information about AI training data useScalePotentially broad, affecting any copyright owner whose work might be used in AI training.
GroupGenerative AI Model DevelopersImpactIncreased compliance burden and potential exposure of training data detailsMechanismRequired to respond to subpoenas, disclose informationScaleSignificant, affecting all developers of generative AI models.

Supporters argue

Supporters argue this process is essential for creators to understand how their work is being utilized by AI systems, providing a necessary first step for protecting their intellectual property rights in the digital age. It offers a more efficient and less costly alternative to full litigation for initial discovery.

Critics contend

Critics may contend that this process could be abused, leading to excessive and burdensome requests for AI developers, potentially revealing trade secrets related to model training and data curation. They might also argue that the 'subjective good faith belief' standard is too low, inviting speculative requests.

Tradeoffs

Balances the need for copyright transparency and protection against the potential burden on AI developers and the protection of proprietary AI development methods.

Section 2, adding new 17 U.S.C. 514(i)

Legal Presumption for Failure to Comply

mentioned in summarystraightforward

This provision states that if an AI developer fails to comply with a subpoena issued under this Act, it will create a rebuttable presumption that the developer made copies of the copyrighted work in question. This shifts the burden of proof, requiring the developer to demonstrate they did not copy the work if they fail to provide the requested information.

Section 2, adding new 17 U.S.C. 514(j)

Penalties for Abusive Subpoena Requests

mentioned in summarystraightforward

This provision allows a court to impose sanctions on a copyright owner or authorized person if they request a subpoena under this Act in bad faith. It explicitly states that Rule 11(c) of the Federal Rules of Civil Procedure, which governs sanctions for improper filings, shall apply. This aims to deter frivolous or harassing subpoena requests.

FOUND

The definition of 'developer' includes persons or state/local government agencies that design, code, produce, own, or substantially modify a generative AI model and are involved in training dataset curation or use. 'Substantially modify' is defined as materially changing functionality or performance, including by retraining or fine-tuning. Noncommercial end users are explicitly excluded.

Section 2, adding new 17 U.S.C. 514(a)(3) and (a)(5)

Why it matters:This is standard legislative practice for defining terms. However, the specific wording here is crucial for determining the bill's reach and who is subject to subpoenas.

Case for: Supporters would argue these definitions are carefully crafted to target the entities most responsible for the creation and evolution of generative AI models and their training data, while exempting casual users. This ensures accountability rests with those who have the capacity and control over the training process.

Case against: Critics might argue that the definition of 'substantially modify' could be broad enough to encompass various levels of model adaptation, potentially extending the subpoena burden to entities that perform minor adjustments or fine-tuning, rather than just core developers. The exclusion of 'noncommercial end users' is clear, but the line for 'developer' could be debated.

Estimated impact: This impacts potentially thousands of entities involved in AI development, from large tech companies to smaller startups and academic institutions, by defining who is subject to the new subpoena power.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
  • Buried treasure
  • Follow the money
  • Critical analysis
  • Questions to ask
  • Implementation
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