CLEAR Act

The CLEAR Act requires anyone who uses copyrighted works to train or release a generative AI model to notify the Register of Copyrights about those works. It creates penalties for failing to do so and establishes a public database of such notices.

Sec. 2, Notice requirement: A person using a training dataset to train or release a generative AI model must submit a notice to the Register of Copyrights. The notice must include a detailed summary of each copyrighted work in the dataset and, if publicly available, the dataset's URL. For models first used or released after the Act's effective date, notice must be filed at least 30 days before commercial use or release. For models already in use before the effective date, notice is due within 30 days after the Register issues regulations, which must be issued within 180 days of the effective date.

Sec. 2, Enforcement: If a person fails to submit the required notice, the copyright owner can sue in federal district court. The court may impose a civil penalty of at least $5,000 per instance of noncompliance, paid to the Copyright Office to offset its costs. The court may also issue an injunction stopping use of the work until notice is filed, and award attorney's fees and expenses to the copyright owner. However, total civil penalties against one person in a year cannot exceed $2,500,000, though this cap does not limit injunctions or fee awards.

Sec. 2, Database: The Register must create and maintain a public online database of all notices submitted.

Sec. 2, Effective date: The Act takes effect 180 days after enactment.