H.R. 7209 — TRAIN Act

This section adds a new section 514 to chapter 5 of title 17, United States Code, authorizing the legal or beneficial owner of a copyright (or authorized person) to request a U.S. district court clerk to issue a subpoena to a developer of a generative artificial intelligence model (i.e., an AI model that generates synthetic content such as text, images, or audio from training data) for copies of, or records identifying, the owner's copyrighted works used in training the model, based on a good faith belief of such use. The request requires a proposed subpoena and sworn declaration confirming the belief, the limited purpose of determining infringement, and confidentiality of the materials; the clerk must issue the subpoena if properly filed, and the developer must expeditiously comply. (Thus, this provides copyright owners with expedited pre-litigation discovery targeted solely to their own works, with recipients bound by a duty of nondisclosure absent authorization.)