California enacts new copyright documentation law for generative AI developers

On March 11, 2025, California lawmakers introduced Assembly Bill 412, a significant piece of legislation aimed at regulating the use of copyrighted materials in the training of generative artificial intelligence (GenAI) systems. The bill seeks to address growing concerns over intellectual property rights as AI technologies become increasingly prevalent in various sectors.

The primary purpose of Assembly Bill 412 is to ensure transparency and accountability among developers of GenAI systems. Under the proposed law, developers must document any copyrighted materials utilized in training their AI models and provide this information to copyright owners upon request. Specifically, developers are required to respond to requests from copyright owners within seven days, detailing the copyrighted materials used. Failure to comply would result in daily violations, potentially leading to civil actions against the developers.

Key provisions of the bill include the definition of terms such as "developer," "copyrighted material," and "generative artificial intelligence." The bill stipulates that developers who make their GenAI systems available to Californians must also notify copyright owners if their materials were not used in the training process within 30 days of a request. Notably, developers who publicly disclose this information at no cost are exempt from some of the bill's requirements.

The introduction of Assembly Bill 412 has sparked debates among stakeholders. Proponents argue that the bill is essential for protecting the rights of content creators and ensuring that AI systems do not infringe on intellectual property. Critics, however, express concerns about the potential burden on developers, particularly smaller companies that may struggle to comply with the documentation requirements.

The implications of this legislation are significant, as it could set a precedent for how AI technologies interact with copyright law. Experts suggest that if passed, the bill may lead to increased scrutiny of AI training practices and could influence similar legislative efforts in other states. The bill does not include any fiscal appropriations, indicating that it is primarily focused on regulatory measures rather than financial implications.

As Assembly Bill 412 moves through the legislative process, its outcomes will be closely monitored by both the tech industry and copyright advocates, as it could reshape the landscape of AI development and intellectual property rights in California and beyond.