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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 18, Chapter 4, Subchapter 1 is amended to add an additional section to read as follows:
18-4-101. Generative artificial intelligence tool — Ownership of model training and generated content — Work made for hire — Exceptions.
(a) Except as provided under subsection (b) of this section, when aperson uses a generative artificial intelligence tool to:
(1) Generate content, the person who provides the input or directive to the generative artificial intelligence tool shall be the owner of the generated content, provided that the content does not infringe on existing copyrights or intellectual property rights;
(2) Conduct model training, the person who provides data or input to train a generative artificial intelligence model shall be the owner of the resulting trained model, provided that the:
(A) Training data is lawfully acquired; and
(B) Person has not transferred ownership rights through a contract or agreement.
(b)(1) If an individual is employed by a person or entity and is directed to use a generative artificial intelligence tool to conduct model training or generate content as part of his or her employment duties, the resulting model training data and generated content shall be the property of the individual's employer.
(2) Subdivision (b)(1) of this section shall apply only if the use of the generative artificial intelligence tool is:
(A) Within the scope of the individual's employment; and
(B) Conducted under the direction and control of the employer.
(c) This section does not grant ownership over content that infringes on pre-existing copyrights or other intellectual property rights regardless of the use of a generative artificial intelligence tool.