Hearings to examine oversight of the U.S. Copyright Office

Legislative Branch Budget RequestsSenate Judiciary Subcommittee on Intellectual Property · 2026-05-12 · 119th Congress
The Senate Judiciary Subcommittee on Intellectual Property held its recurring oversight hearing of the U.S. Begins at 0:18:33
Transcript
Highlights

Title

Copyright Office oversight: AI, piracy, fees, and site-blocking legislation

Purpose

The Senate Judiciary Subcommittee on Intellectual Property held its recurring oversight hearing of the U.S. Copyright Office, hearing testimony from Register of Copyrights Shira Perlmutter on generative AI's effects on copyright, foreign piracy websites, proposed fee increases, and modernization of the office's registration systems. Members also pressed her on the administration's attempted removal of the Register and the office's place within the legislative branch. Begins at0:18:33

Who spoke

Sen. Thom Tillis (R-NC), Chairman0:18:33: Opened by citing copyright industries' $3 trillion GDP contribution and 21 million jobs0:18:33, described draft legislation targeting foreign piracy sites and illegal livestreams0:19:280:20:01, and later questioned Perlmutter on the DMCA's limits against foreign infringing sites0:31:13, the BLACKBEARD Act0:33:08, fee-setting methodology1:12:13, and AI-authored creative works1:14:33.

Sen. Adam Schiff (D-CA), Ranking Member0:21:16: Stressed the Copyright Office's independence as a constitutional safeguard0:21:41, discussed his CLEAR Act with Sen. Curtis on AI training transparency0:23:02, pressed on no-fault injunctions modeled on over 40 countries0:34:38, AI authorship in animated films0:37:02, and later asked about Copyright Claims Board reforms including single-officer adjudication1:15:35.

Ms. Shira Perlmutter, Register of Copyrights0:25:57: Reviewed the office's 50-year history and the 76 Copyright Act0:25:57, summarized the three-part AI report finding training can be fair use "in some circumstances... but not in others"0:28:29, described a proposed fee increase to recover costs closer to historical levels0:28:59, and reported the Enterprise Copyright System's fourth component (registration) still in development0:29:52. She said the DMCA "has not proved sufficient" against foreign piracy sites0:31:52, expressed support for no-fault injunctions0:33:23, and said Cox v. Sony "left a bit of a hole in the law" on contributory infringement1:11:12.

Sen. Marsha Blackburn (R-TN)0:40:19: Discussed her Trump AI Act and the "four C's" (children, creators, communities, censorship)0:40:47, touted the NO FAKES Act with Sen. Coons0:41:21, and asked about fair use in music, referencing the Warhol Supreme Court case0:43:110:43:41.

Sen. Mazie Hirono (D-HI)0:46:24: Asked whether fair use should be left to courts versus legislated0:46:24, raised the attempted firing of Perlmutter and asked her to defend the Copyright Office's legislative-branch placement0:47:33, and asked about Cox v. Sony's narrowing of secondary liability0:49:44.

A committee member (identified in the transcript only as speaking after Sen. Tillis's introduction, representing Vermont)0:51:42: Raised the TRAIN Act on AI transparency for creators0:52:10 and right-to-repair issues for farm equipment, citing an estimated $4.2 billion annual farmer loss from repair restrictions0:55:39.

Sen. Peter Welch (D-VT)0:53:45: Followed up on artists' need for information about AI use of their work0:53:45, discussed photographers' registration challenges0:53:59, and detailed right-to-repair costs to farmers, including $500,000 tractors0:56:52.

Sen. Chris Coons (D-DE)0:58:08: Discussed his BLACKBEARD Act with Tillis, Schiff, and Blackburn on no-fault injunctions0:58:37, asked how to balance site-blocking against free-speech concerns, citing the U.K. model0:58:57, questioned Perlmutter on the proposed 40%+ fee increases1:00:25, and asked about slow Copyright Claims Board case resolution1:02:44.

Sen. Alex Padilla (D-CA)1:04:18: Emphasized the Library of Congress's legislative-branch status and Speech or Debate Clause protections1:06:20, criticized the administration's attempt to install Todd Blanche as Librarian of Congress1:06:52, and argued Congress alone should appoint legislative-branch agency heads1:07:23.

Key moments

Perlmutter testified the DMCA "has not proved sufficient" to address foreign-based piracy websites beyond U.S. jurisdiction0:31:52.

Schiff and Tillis both described bipartisan draft legislation (with Sens. Coons and Blackburn, later named the BLACKBEARD Act) creating no-fault injunctions against foreign piracy sites, modeled on over 40 countries0:19:280:58:37.

Perlmutter said the office's AI report concluded ingesting copyrighted works for AI training "is likely to qualify as fair use in some circumstances, but not in others"0:28:29.

Perlmutter disclosed the office has registered over 7,000 claims incorporating AI-generated material, following guidance that human selection, coordination, or arrangement can qualify as authorship0:28:060:37:30.

On fees, Perlmutter said the office has shifted from roughly 60% fee-funded/40% appropriated to 40%/60% over six years due to inflation and IT costs, and proposed a fee schedule (e.g., raising a standard application fee to $85) to restore historical funding levels1:01:181:02:15.

Hirono raised President Trump's attempt to remove Perlmutter as Register; Padilla added that Trump also tried to install Todd Blanche as Librarian of Congress, calling it "a clear assault on the legislative branch" that was "not just resisted but strongly opposed by bipartisan congressional leadership"0:47:331:06:521:07:23.

Perlmutter said the Supreme Court's Cox v. Sony decision "left a bit of a hole in the law" by narrowing secondary/contributory copyright liability, and suggested this "might be an appropriate moment for a legislative response"0:50:301:11:12.

Welch cited estimates that farmers lose about $4.2 billion a year ($3 billion in tractor downtime, $1.2 billion in excess repair costs) due to copyright-based restrictions on repairing software-enabled machinery; Perlmutter said the time is "ripe for Congress" to make related DMCA exemptions permanent0:55:390:56:28.

Perlmutter noted the Copyright Claims Board's average case takes over 500 days, and floated reforms including single-officer adjudication and waiving the mandatory 60-day opt-out period to save about six weeks1:16:511:17:18.

Tillis and Schiff jokingly sparred over which state is the "movie capital" (North Carolina vs. California), with Schiff asserting California's dominance in film and music "by number of artists, by volume, by greatness and creativity"0:31:131:18:20.

Metadata

CommitteeSenate Judiciary Subcommittee on Intellectual Property
Chamber / CongressSenate · 119th Congress
Date2026-05-12
TypeOpen Hearing
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript166 caption blocks · 8,789 words · 1:19:33 runtime
EventCongress.gov 338383