S. 3813

119 S3813 IS: Copyright Labeling and Ethical AI Reporting Act
 U.S. Senate
 2026-02-10
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 3813  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.
1.
Short title
This Act may be cited as the   Copyright Labeling and Ethical AI Reporting Act   or the   CLEAR Act  .
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.