Congressional Hearing Highlights Urgent Need to Modernize U.S. Copyright Law for Digital and AI Challenges

The House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held a hearing on June 30 to evaluate whether U.S. copyright law remains effective more than four decades after the internet's inception. The session, titled "A Midlife Crisis? IP and the Internet After 40," brought together lawmakers and experts to discuss the pressing need to update copyright statutes to confront modern digital challenges.

Chaired by Representative Darrell Issa (R-Calif.), the subcommittee has prioritized issues related to copyright, AI, and online enforcement throughout the 119th Congress. The hearing reflected bipartisan concern that the Digital Millennium Copyright Act of 1998 (DMCA) requires revision to better combat online piracy, particularly from foreign websites, and to address the rise of generative artificial intelligence technologies.

Several legislative proposals were under consideration during the hearing. Among them, the NO FAKES Act, which aims to establish federal protections for individuals' voices and likenesses, had recently passed unanimously through the Senate Judiciary Committee. Additionally, lawmakers discussed judicial site-blocking legislation that would empower courts to direct internet service providers to block access to foreign piracy sites.

The hearing featured testimony from six witnesses representing diverse sectors, including the entertainment industry, technology companies, and academia. Their perspectives highlighted ongoing debates over the appropriate scope of congressional regulation concerning AI and copyright enforcement.

Sean Astin, President of SAG-AFTRA, representing approximately 160,000 performers and media professionals, advocated for stronger safeguards against unauthorized AI-generated digital replicas. He criticized AI companies for using copyrighted materials and performers' likenesses without explicit consent, stating, "Opt-out isn't consent—let alone informed consent." Astin described such unauthorized replicas as "a disruption of human trust and connection."

Conversely, Chris Mohr of the Software & Information Industry Association cautioned against legislation that might inadvertently hinder legitimate technological innovation. His organization expressed reservations about certain provisions of the NO FAKES Act, underscoring the tension between entertainment and technology sectors.

Chris Floyd from Amblin Entertainment recommended enhancing existing enforcement frameworks rather than replacing them. Referring to the DMCA, Floyd stated, "The answer is not to abandon the tool but to apply it with discipline. Refinement, not retreat, is the right course."

Representative Issa acknowledged that while the DMCA has had partial success, piracy continues to inflict significant harm on copyright holders. He emphasized the need for proactive legislative action to address mass piracy and adapt copyright law to the realities of generative AI. Witnesses also discussed ambiguities surrounding the DMCA's notice-and-takedown system, particularly the definition of "expeditious" removal of infringing content.

There was notable support among witnesses and lawmakers for granting courts authority to order site-blocking of foreign piracy websites. Issa, Ranking Member Hank Johnson (D-Ga.), House Judiciary Committee Chair Jim Jordan (R-Ohio), and Ranking Member Jamie Raskin (D-Md.) all stressed the importance of protecting creative industries while avoiding unnecessary impediments to AI innovation.

Academic insights were provided by Bhamati Viswanathan, visiting assistant professor at Suffolk University Law School and nonresident fellow at Columbia Law School's Kernochan Center. Steve Francis of IP House also contributed testimony, enriching the discussion with legal expertise.

The hearing underscored a growing bipartisan consensus on the urgency of copyright modernization. The Copyright Alliance noted that the proceedings demonstrated congressional momentum toward legislation targeting online piracy and unauthorized digital replicas. The Capitol Forum described Issa's proposed anti-piracy measures as "the latest sign that a yearslong bipartisan effort behind this type of legislation is regaining momentum."

The hearing aligned with the Trump administration's broader AI policy framework, which emphasizes respecting the creative works and unique identities of American innovators, creators, and publishers in the AI era. However, the framework largely defers fair use questions to judicial interpretation.

Divergent priorities among stakeholders were evident. SAG-AFTRA pressed for robust protections against deepfakes and unauthorized digital replicas. Entertainment companies advocated for stronger anti-piracy enforcement, while technology representatives warned against potential negative impacts on legitimate AI development.

The hearing also tested the durability of bipartisan cooperation on copyright reform. While there was broad agreement on the need to protect creators, disagreements persist regarding the extent of new enforcement powers and their implications for innovation.

Not all parties favor expanding copyright enforcement. The Firewall blog observed that the White House AI framework largely leaves fair use issues to the courts, suggesting reluctance to endorse legislation that might narrow existing fair use protections. Similarly, Public Knowledge has advocated for targeted reforms rather than sweeping changes to intermediary liability.

Legal scholars have cautioned about unintended consequences of rapid legislative changes. Judge M. Margaret McKeown of UC Berkeley Law remarked in May that generative AI presents "copyright's most profound doctrinal stress test since the internet," noting that Congress has yet to comprehensively address AI-related copyright challenges.