Bipartisan Bill Targets AI Companies for "Leaving Artists, Writers, and Other Creators With Zero Recourse"

Senators Josh Hawley, Republican of Missouri, and Richard Blumenthal, Democrat of Connecticut, have introduced legislation that would prohibit artificial intelligence companies from training their models on copyrighted works without explicit permission from rightsholders.

The AI Accountability and Personal Data Protection Act comes as the tech industry faces mounting legal challenges over its use of copyrighted material, including music, to train and develop AI systems. The proposed law would "safeguard individuals' copyrighted materials from being used in AI training or AI-generated content without permission," according to a press release issued by the senators' offices.

"AI companies are robbing the American people blind while leaving artists, writers, and other creators with zero recourse," Senator Hawley said. "It’s time for Congress to give the American worker their day in court to protect their personal data and creative works. My bipartisan legislation would finally empower working Americans who now find their livelihoods in the crosshairs of Big Tech’s lawlessness."

The legislation addresses a contentious legal question that has divided the courts. While many AI companies argue that training their models on copyrighted works constitutes fair use under copyright law, creators and rightsholders insist that explicit permission is required.

Recent court decisions have offered mixed signals. Judges in separate cases involving Anthropic and Meta concluded that AI training qualified as fair use, though with technical caveats that may benefit copyright owners. The U.S. Copyright Office noted in a report this year that while AI training might constitute fair use in some scenarios, it likely would not in others.

The bipartisan proposal would eliminate such ambiguities by requiring companies to obtain consent before using any copyrighted material. The bill also includes provisions for personal data protection, requiring express consent before collecting or sharing consumer information.

AI music services Suno and Udio are currently embroiled in a contentious legal battle with Universal, Sony and Warner, who have collectively accused them of copyright infringement "on an almost unimaginable scale." Spearheaded by the Recording Industry Association of America (RIAA), the lawsuit seeks damages of up to $150,000 for each copyrighted musical work.

"This bill embodies a bipartisan consensus that AI safeguards are urgent—because the technology is moving at accelerating speed, and so are dangers to privacy," Senator Blumenthal aded. "Enforceable rules can put consumers back in control of their data, and help bar abuses. Tech companies must be held accountable—and liable legally—when they breach consumer privacy, collecting, monetizing or sharing personal information without express consent. Consumers must be given rights and remedies—and legal tools to make them real—not relying on government enforcement alone."

According to the press release, the AI Accountability and Personal Data Protection Act aims to achieve the following:

• Bar AI companies from stealing and training on copyright works. The bill safeguards individuals’ copyrighted materials from being used in AI training or AI-generated content without permission.

• Create a federal tort for data misuse. The legislation allows individuals to sue any person or company that appropriates, uses, sells, or exploits their personal data or copyrighted works without clear, affirmative consent.

• Provide transparency for creators. The bill requires companies to clearly disclose every third party that will access an individual’s data at the time consent is sought.

• Ensure robust remedies. The legislation provides for stiff financial penalties, injunctive relief, and protects the ability of individuals to sue in court and join class actions.

You can read the bill's full text here.