AI Frontier Institute

Enacts the "New York artificial intelligence transparency for journalism act"; requires developers of generative artificial intelligence systems or services to post certain information on the developer's website regarding video, audio, text and data from a covered publication used to train the generative artificial intelligence system or service; allows journalism providers to bring an action for damages or injunctive relief against developers.

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Senate Bill 8331-A, the 'New York Artificial Intelligence Transparency for Journalism Act,' amends the General Business Law by adding a new Article 21-A (Sections 338 through 338-d) to require transparency from generative AI developers regarding their use of journalism content. By January 1, 2027, developers must post on their websites detailed disclosures about any video, audio, text, or data from 'covered publications' used to train their AI systems, including the URLs/URIs accessed, a description of the content and how it was obtained, whether copyright notices were removed, and the timeframe of data collection (Section 338-a(1)). Developers must also publicly disclose information about crawlers they deploy, including the crawler's name, IP address, responsible legal entity, purposes, data recipients, and a contact point for website operators to lodge complaints (Section 338-a(2)). These disclosure requirements are waived where an express written agreement between the developer and journalism provider exists and both parties agree not to post the information publicly. Enforcement under Section 338-b allows journalism providers to sue in New York Supreme Court for injunctive relief or statutory damages of up to $10,000 per violation. Courts may also order disclosure of training data records pertaining to the journalism provider's content. The bill defines 'covered publication' to include print, broadcast, and digital outlets that perform a journalism function, invest substantially in original content creation, and publish or update content at least monthly with an error-correction process. Section 338-c clarifies the law does not alter federal copyright (Title 17) or trademark (Lanham Act) rights.

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