Source: Holland & Knight

On May 12, 2026, Register of Copyrights Shira Perlmutter testified at an Oversight Hearing before the U.S. Senate Committee on the Judiciary Subcommittee on Intellectual Property. She provided updates on the Office’s proposed fee schedule, operational matters for the Copyright (Small) Claims Board, and the Office’s placement within the legislative branch, while centering the hearing’s attention on artificial intelligence (AI) and the recently decided Cox v. Sony Supreme Court case.

Perlmutter said copyrightability of AI-generated works requires human authorship and that human selection, coordination, or arrangement can qualify; she noted the Office has registered more than 7,000 claims including AI-generated materials that were disclaimed per the Office’s guidance. On digital replicas and deepfakes she recalled Part 1 of the Office’s AI report, which concluded new federal legislation is urgently needed, and cited Senator Marsha Blackburn’s emphasis on the bipartisan NO FAKES Act to address harms from unauthorized deepfakes. On inputs used to train AI, Perlmutter stressed the flexibility and fact‑specific nature of the fair use doctrine, observed that developing licensing markets may reduce uncertainty, and urged Congress to wait to legislate until a clear need arises. She characterized Cox v. Sony as leaving “a bit of a hole in the law” regarding contributory infringement and suggested Congress could codify the doctrine or directly address online service provider infringement, including the potential use of no‑fault injunctions.