HF 2691 (LSB 5387HV (2) 91)

HOUSE FILE 2691

BY  COMMITTEE ON ECONOMIC GROWTH AND TECHNOLOGY

(SUCCESSOR TO HSB 635)

A BILL FOR

An Act relating to the ownership of artificial intelligence output and trained artificial intelligence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  554J.1  Definitions.
   For purposes of this chapter:
   1.  “Artificial intelligence” means a machine-based system that, for any explicit or implicit objective, infers from the input the system receives to generate output that can influence physical or virtual environments.
   2.  “Input” means data, directives, or instructions that a user provides to guide the creation of new output.
   3.  “Output” means new content that an artificial intelligence generates based on a user’s input in relation to the data used to train the artificial intelligence. “Output” includes but is not limited to audio-visual media, images, predictions, recommendations, and text.
   4.  “Train” means to expose an artificial intelligence to data for the purpose of making the artificial intelligence recognize patterns, relationships, and structures between data so the artificial intelligence can employ knowledge of those patterns, relationships, and structures to create new output.
   5.  “User” means a person that uses artificial intelligence for the purpose of generating output. “User” does not include a person giving data to an artificial intelligence for the purpose of training the artificial intelligence.
    Sec. 2.  NEW SECTION.  554J.2  Ownership of output —— ownership of trained artificial intelligence.
   1.  A user whose input causes an artificial intelligence to generate output shall be the owner of the output provided that the terms of use for the artificial intelligence or a contract the user has with the owner of the artificial intelligence does not contain a provision altering the ownership of generated output. If the terms of use for the artificial intelligence or a contract between the user and the owner of the artificial intelligence contains a provision relating to ownership of generated output, ownership of generated output shall be determined by the terms of use or contract.
   2.  A person that trains an artificial intelligence shall be the owner of artificial intelligence that results from the training if all of the following apply:
   a.  The training data was lawfully acquired and used for training purposes.
   b.  The person has not transferred ownership rights of the resulting artificial intelligence to another person through a contract or agreement.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the ownership of artificial intelligence output and trained artificial intelligence (AI).
   The bill defines “artificial intelligence”, “input”, “output”, “train”, and “user”.
   The bill provides that a user whose input causes an AI to generate output is the owner of the output provided that the terms of use for the AI or a contract the user has with the owner of the AI does not contain a provision altering the ownership of generated output. If the AI’s terms of use or a contract between the owner of the AI and the user contains a provision relating to ownership of generated output, then the provision in the terms of service or contract shall apply.
   The bill provides that a person who trains an AI is the owner of AI that results from the training if the training data was lawfully acquired and used for training purposes and the person has not transferred ownership rights of the resulting AI through a contract or agreement.