Artificial Intelligence (AI) continues to be a central issue in Washington, D.C., and across the creative industries, with increasing attention focusing on how AI models are trained and the implications for copyright law. An impactful wave of legislative developments around AI has filled the summer — here are a few that matter most to creators.
July kicked off with a major win: the president's domestic policy package passed, which included the passage of the Help Independent Tracks Succeed (HITS) Act and also omitted a proposed provision that would ban state legislation regulating AI for the next decade. The Recording Academy celebrated the exclusion of the proposed ban, as states like Tennessee, California, and Illinois have already led the way in regulating unauthorized deepfakes and advancing AI-related protections for creators. Preserving state authority in this space ensures continued innovation and momentum in addressing the challenges posed by emerging AI technologies.
On July 16, the Senate Judiciary Subcommittee on Crime and Counterterrorism held a hearing titled "Too Big to Prosecute? Examining the AI Industry's Mass Ingestion of Copyrighted Works for AI Training." Subcommittee Chairman Senator Josh Hawley (R-MO) opened the hearing with pointed remarks, calling the mass ingestion of copyrighted content "the largest intellectual property theft in American history." He went on to say, "Here is the truth that nobody wants to admit: AI companies are training their models on stolen material. Period … We're talking about piracy. We're talking about theft."
The hearing featured five witnesses, four of whom argued that AI companies' training practices are a clear violation of fair use. The fifth witness suggested these practices could be legally protected under fair use, but cautioned lawmakers to let the courts resolve these questions before acting. The discussion ultimately underscored the urgent need to tighten fair use rules around AI and highlighted key pressure points as technology outpaces regulation.
One week later, on July 23, the White House released its official AI Action Plan. The Plan focuses on removing barriers to innovation, criticizing what it describes as "bureaucratic red tape" and "onerous regulation" that hinder America's global competitiveness. It also proposes limiting federal support for states that impose restrictive AI policies.
Most notably, the AI Action Plan does not address the unlicensed use of copyrighted materials to train AI models, despite calls from some developers to declare such contentious practices as "fair use" in the name of innovation. For creators, the omission is a small yet meaningful victory. However, President Trump's informal remarks following the release of the plan questioned the practicality of requiring AI companies to license copyrighted material for training, serving as a strong reminder that ongoing advocacy is essential to ensure creative works are protected.
On July 25, Senators Peter Welch (D-VT) and Marsha Blackburn (R-TN) reintroduced the Recording Academy-backed S.2455, the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act. The legislation is designed to help creators protect their works by granting them access to AI training records, allowing copyright holders to determine whether their works were used — a process similar to that used in cases of internet piracy. The TRAIN Act aims to increase transparency and accountability in the development of generative AI systems, giving musicians, artists and other rights holders the tools they need to defend their intellectual property in an evolving technological landscape.
"The TRAIN Act is a vital step toward ensuring transparency and protecting creators from the unauthorized use of their copyrighted work," Recording Academy CEO Harvey Mason jr. said in a statement. "The Recording Academy applauds Senator Welch and Senator Blackburn for their leadership and dedication to upholding creators' rights."
Mason jr. recently appeared on CNN's "Terms of Service" and The Wall Street Journal's "Tech News Briefing" podcasts for in-depth conversations about the state of AI in music. In the "Tech News Briefing" episode, he explored the potential impacts of AI-generated music on the music job economy, the threats it poses to creators' copyrighted works, and the importance of preserving human creativity. On "Terms of Service," he focused on the future of AI's role in music, the ongoing fight to protect artists' agency, and his work championing the NO FAKES Act on Capitol Hill. "I just hope we can remember," he said, "that at the base of all of it is human art, human creativity."
As AI continues to reshape the creative landscape, the Recording Academy remains committed to ensuring that artists, their voices, and their works are protected. Want to get involved? Contact your representative and urge them to support the NO FAKES Act today!
