U.S. senators introduce new bill to stop AI “stealing” art
Image credit: Ian Hutchinson
Two US senators have introduced a new bill aimed at protecting creators and their work from being used by AI companies without permission.
Senators Josh Hawley (R-MO) and Richard Blumenthal (D-CT) have put forward a bipartisan proposal called The AI Accountability And Personal Data Protection Act. The bill is designed to define the obligations of AI companies, forcing them to get consent before using copyrighted material or personal data for training their models.
This move could be a game-changer for musicians, artists, and writers who have seen their work ingested by AI systems without permission or payment. It comes after a Senate hearing last week in which Hawley accused AI developers of engaging in “the largest intellectual property theft in American history”.
The proposed law aims to “bar AI companies from stealing and training on copyright works” and “safeguard individuals’ copyrighted materials from being used in AI training or AI-generated content without permission”. Senator Hawley framed the bill as a necessary defense for American creators.
Hawley stated: “AI companies are robbing the American people blind while leaving artists, writers and other creators with zero recourse. It’s time for Congress to give the American worker their day in court to protect their personal data and creative works.”
Cleaning up the confusion over “Fair Use”
There is currently a battle taking place in the U.S. courts between AI and copyright, over the legal concept of ‘fair use’. Creators and rightsholders argue that AI companies must get a license to use their work in training AI models. However, AI firms defend their actions stating that their models are trained on publicly available data and therefore constitute fair use.
Recent judgements in suits against AI developers Anthropic and Meta have leaned towards the fair use argument. However, technicalities leave the door open for copyright owners. The U.S. Copyright Office noted earlier this year that a fair use ruling in one case doesn’t apply to all scenarios, leaving it as a case-by-case issue – for now.
The new law proposed by Senators Hawley and Blumenthal could clear up this confusion. It would remove any ambiguity, providing a clear rule of AI Companies: They must gain explicit permission to use copyrighted material.
The bill doesn’t end at copyright. It includes protections for personal data, which is another area that AI and tech companies have faced criticism. The act would look to empower consumer by making tech companies legally liable when they “breach consumer privacy, collecting, monetising, or sharing personal information without express consent”.
Senator Blumenthal emphasises the urgency of their proposal, saying: “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.”
The proposal offers a huge leap forward, but will likely face fierce opposition. As President Donald Trump spoke this week on energy policy, he stated support for new investment that will power AI and tech industries. This doesn’t necessarily present opposition to the bill, but it does ask questions as to whose considerations will gain priority.