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A table that shows the status of AI and copyright legislation in select states as of Sept. 3, 2025. Arkansas has enacted H 1876 on generative AI model training. California and Pennsylvania have pending bills A 412 and HR 81, respectively. Maine's H 74 is awaiting the governor's approval.

Status of select states' AI and copyright legislation

Data: National Conference of State Legislatures; Chart: Axios Visuals

Lawmakers are increasingly introducing bills to tackle copyright issues in the AI era.

Why it matters: The outcome will determine how creators are compensated and how AI companies can build their models.

State of play: The Copyright Act of 1976 essentially prohibits states from introducing their own copyright laws, so state initiatives are focused on transparency and liability and less about copyright outright.

More than 1,000 AI-related bills were introduced this year as of August, double the number in 2024, per the National Conference of State Legislatures (NCSL). Only a small fraction directly address copyright issues.

At least four states — Arkansas, California, Maine and Pennsylvania — have introduced legislation addressing AI and copyright, according to the NCSL database.

The state bills focus on transparency, requiring AI developers to disclose training data, or authorship, clarifying that only humans can claim copyright.

Zoom in: Copyright Alliance CEO Keith Kupferschmid says his organization — a nonprofit representing creators — is monitoring federal legislation like the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act and the AI Accountability and Personal Data Protection Act.

But he says the bigger fight is over fair use and that it will likely play out in the courts rather than legislatively.

"I think all the different interested parties understand that [fair use] is an issue for the courts to decide," Kupferschmid says. "If, for some reason, the courts don't come out with something that's clear enough, perhaps groups might come to the table."

Between the lines: Lawmakers are also circling adjacent issues like name, image and likeness (NIL), such as in a federal bill called the NO FAKES Act. Last year, Tennessee passed a bill on NIL called the Ensuring Likeness Voice and Image Security (ELVIS) Act.

Kupferschmid says the Copyright Alliance doesn't have a formal position on the NO FAKES Act since it's not copyright-related, but noted that many of its members and AI companies do support it and expect it to be enacted. 

💭 Thought bubble by Axios' tech policy reporter Maria Curi: Bills may be cropping up, but the Trump administration and this Congress are keen on staying out of the way of innovation and are more likely to back industry-led solutions to issues like copyright.

What's next: The courts are only in the "first inning" of tackling AI and copyright, Kupferschmid says, as just a few decisions have come out so far and it could take years before the district courts, appellate courts or even the Supreme Court provide clarity.

"Fair use is decided on a case-by-case basis," he says. "But the vast majority of these cases almost assuredly are not going to be fair use."

Kupferschmid pointed to Anthropic's settlement with a group of authors as proof that licensing deals are a workable alternative.

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according to the National Conference of State Legislatures

Lawmakers draft copyright legislation as AI regulation drifts in limbo

At least four states have introduced legislation addressing AI and copyright.

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Lawmakers are increasingly <a class="gtmContentClick" data-vars-link-text="introducing bills" data-vars-click-url="https://www.axios.com/2024/02/14/ai-bills-state-legislatures-deepfakes-bias-discrimination" data-vars-content-id="7509e633-622b-4aab-8e15-638733a0c1af" data-vars-headline="Lawmakers draft copyright legislation as AI regulation drifts in limbo" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2024/02/14/ai-bills-state-legislatures-deepfakes-bias-discrimination" target="_self">introducing bills</a> to tackle copyright issues in the AI era.Why it matters: The outcome will determine how creators are compensated and how AI companies can build their models.

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Lawmakers draft copyright legislation as AI regulation drifts in limbo

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