Can Congress Fill the Cox v. Sony-Sized Hole in Copyright Law? | Insights

Can Congress Fill the Cox v. Sony-Sized Hole in Copyright Law? | Insights

Can Congress Fill the Cox v. Sony-Sized Hole in Copyright Law? | Insights

https://www.hklaw.com/en/insights/publications/2026/05/can-congress-fill-the-cox-v-sony-sized-hole-in-copyright-law

Publish Date: 2026-05-22 09:59:00

Source Domain: www.hklaw.com

  • Annual Oversight Hearing: Shira Perlmutter, the Register of Copyrights, appeared before the U.S. Senate Committee on the Judiciary Subcommittee on Intellectual Property.
  • Topics Discussed: The hearing covered several topics like the Office’s proposed new fee schedule, updates on the Copyright (Small) Claims Board, and the historical rationale for the Office’s position in the legislative branch. The main focus was on AI and copyright law and the Cox v. Sony Supreme Court decision.
  • AI and Copyright: Perlmutter differentiated between AI output, AI input, and AI-generated works. She noted the importance of human involvement for copyright and the registration of AI-generated works, while urging caution on legislation regarding copyrighted inputs to AI models.
  • Deepfakes and Legislation: Perlmutter agreed that new federal legislation is urgently needed to protect individuals from the harms caused by unauthorized deepfakes, citing bipartisan support for such measures.
  • Cox v. Sony Decision: Perlmutter highlighted that the Cox v. Sony decision left a gap in contributory infringement laws, indicating potential legislative action by Congress to address online copyright infringement by service providers.