John Villasenor, Brookings; The problems with California’s pending AI copyright legislation
"California’s pending bill, AB-412, is a well-intentioned but problematic approach to addressing artificial intelligence (AI) and copyright currently moving through the state’s legislature. If enacted into law, it would undermine innovation in generative AI (GenAI) not only in California but also nationally, as it would impose onerous requirements on both in-state and out-of-state developers that make GenAI models available in California.
The extraordinary capabilities of GenAI are made possible by the use of extremely large sets of training data that often include copyrighted content. AB-412 arose from the very reasonable concerns that rights owners have in understanding when and how their content is being used for building GenAI models. But the bill imposes a set of unduly burdensome and unworkable obligations on GenAI developers. It also favors large rights owners, which will be better equipped than small rights owners to pursue the litigation contemplated by the bill."
