Why It Matters

The House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held a hearing on June 30 examining whether U.S. copyright law and digital protections remain adequate more than four decades after the internet's creation.

Titled "A Midlife Crisis? IP and the Internet After 40," the hearing highlighted bipartisan concern that copyright law should be updated to address online piracy and unauthorized AI-generated digital replicas while preserving innovation. The discussion also aligned with the Trump administration's stated goal of protecting creators while encouraging AI development.

The June 30 hearing marked the latest congressional effort to modernize copyright law for the digital era. The subcommittee, chaired by Rep. Darrell Issa (R-Calif.), has devoted significant attention during the 119th Congress to copyright, artificial intelligence and online enforcement. Lawmakers and witnesses repeatedly cited the need to update the Digital Millennium Copyright Act of 1998, arguing it has become less effective against foreign piracy websites and was enacted long before the emergence of generative AI.

The hearing came as Congress considered several legislative proposals. The NO FAKES Act, which would establish federal protections for individuals' voices and likenesses, advanced unanimously through the Senate Judiciary Committee. Lawmakers also discussed judicial site-blocking legislation that would allow courts to order internet service providers to block access to foreign piracy websites.

The committee has examined copyright and online platform policy repeatedly over the past two Congresses, reflecting sustained bipartisan interest in updating intellectual property law for the digital age.

What they're saying: Tension over AI and enforcement

Six witnesses testified before the subcommittee, representing the entertainment industry, technology sector and academia. The hearing highlighted differing views over how aggressively Congress should regulate artificial intelligence and strengthen copyright enforcement.

SAG-AFTRA President Sean Astin, representing approximately 160,000 performers and media professionals, argued stronger protections are needed against unauthorized AI-generated replicas. "Opt-out isn't consent—let alone informed consent," Astin said, criticizing AI companies' use of copyrighted material and performers' likenesses without affirmative permission. He described unauthorized digital replicas as "a disruption of human trust and connection."

Chris Mohr of the Software & Information Industry Association warned against legislation that could unintentionally restrict legitimate technology development. The organization has expressed reservations about portions of the NO FAKES Act, illustrating continuing differences between the entertainment and technology industries.

Chris Floyd of Amblin Entertainment argued Congress should strengthen existing enforcement mechanisms rather than replace them. "The answer is not to abandon the tool but to apply it with discipline. Refinement, not retreat, is the right course," Floyd said, referring to the DMCA's enforcement framework.

Issa said the DMCA has been partially successful but acknowledged piracy continues to harm copyright owners. He said lawmakers should act proactively to address mass piracy and adapt copyright law to the emergence of generative AI. Witnesses also discussed ongoing uncertainty surrounding the DMCA's notice-and-takedown system, including what constitutes "expeditious" removal of infringing content.

Several witnesses endorsed judicial site-blocking authority targeting 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 emphasized protecting creative industries while avoiding unnecessary barriers to AI innovation.

Bhamati Viswanathan, a visiting assistant professor at Suffolk University Law School and nonresident fellow at Columbia Law School's Kernochan Center, provided an academic perspective on copyright doctrine. Steve Francis of IP House also testified.

Political stakes: Bipartisan momentum on copyright protection

The hearing underscored growing bipartisan momentum behind copyright modernization legislation. The Copyright Alliance said the hearing demonstrated Congress is moving toward legislation addressing online piracy and unauthorized digital replicas. The Capitol Forum described Issa's proposed anti-piracy legislation as "the latest sign that a yearslong bipartisan effort behind this type of legislation is regaining momentum."

For the Trump administration, the hearing aligned with broader artificial intelligence policy priorities. The administration's AI framework states that "the creative works and unique identities of American innovators, creators, and publishers must be respected in the age of AI." At the same time, it leaves questions involving fair use largely to the courts.

The witnesses reflected differing priorities. SAG-AFTRA urged stronger protections against deepfakes and unauthorized digital replicas. Entertainment companies advocated stronger anti-piracy enforcement, while technology companies cautioned against unintended consequences for legitimate AI development.

For Congress, the hearing tested whether copyright modernization can continue advancing on a bipartisan basis. While members broadly agreed on protecting creators, disagreements remain over the scope of new enforcement authorities and the impact on innovation.

The other side: Tech sector concerns and fair use questions

Not all stakeholders support expanding copyright enforcement. The Firewall blog argued the White House AI framework largely leaves fair use questions to the judiciary, suggesting the administration may be reluctant to support legislation that substantially narrows existing fair use protections. Public Knowledge has likewise argued Congress should pursue targeted reforms rather than broader changes to intermediary liability.

Legal scholars have also cautioned against unintended consequences. UC Berkeley Law Judge M. Margaret McKeown wrote in May that generative AI presents "copyright's most profound doctrinal stress test since the internet," while observing Congress has yet to comprehensively address AI copyright issues.

The Heritage Foundation has argued the 1988 Digital Millennium Copyright Act no longer adequately addresses foreign piracy websites because its enforcement mechanisms predate today's internet ecosystem. Its proposal focuses on strengthening enforcement rather than replacing the statute entirely.

What's next: Site-blocking and NO FAKES momentum

The hearing did not result in immediate legislative action, but it highlighted growing support for judicial site-blocking legislation and the NO FAKES Act. According to IPWatchdog, witnesses broadly endorsed a framework centered on judicial site blocking, AI copyright licensing and digital replica protections.

The U.S. Chamber of Commerce submitted a July 1 letter supporting stronger copyright enforcement, arguing "the right combination of enforcement tools can strengthen copyright protection, support lawful markets, and help preserve America's creative and economic leadership." The Chamber also cited its International IP Index as evidence supporting stronger intellectual property protections.

The American Apparel & Footwear Association submitted comments focused on online trademark counterfeiting. The Motion Picture Association and the Council for Innovation Promotion also submitted statements for the record.

The subcommittee is expected to continue examining copyright modernization legislation in the coming months. While bipartisan support appears strong, lawmakers continue to debate the appropriate balance between protecting creators and preserving innovation.

The bottom line

Congress appears increasingly willing to modernize copyright law to address artificial intelligence and online piracy. While lawmakers broadly agree that reforms are needed, questions surrounding fair use, AI training and enforcement authorities remain unresolved.

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