Experts And Content Creators Tell Congress To Revamp Old Copyright Law

In a recent Congressional hearing, experts and content creators talked about some major issues facing the industry, including the need to revamp old copyright law. One in particular — 1998's Digital Millennium Copyright Act (DMCA) — took focus. 

Why Were Creators And Experts Talking On Capitol Hill

People gathered during a Congressional hearing on the growth of content creators as small business. The hearing was officially titled "Streaming Success: Small Businesses In The Age Of Digital Influence." And while it would be just as appropriate to focus on how the modern digital age is affecting traditional small businesses, the primary focus was actually a bit different. 

"Content creators are more than just entertainers," says Congressman Roger Williams (R-TX), Chairman of the House Committee on Small Business, at the outset of the hearing. "They are small business owners, job creators, and innovators who face the same challenges as traditional small businesses."

And those comments really laid out the foundation for the hearing, which by this point served more as an awareness tool around the issues facing content creators than anything. One of the creators testifying — Nick Luciano — even worked for the Department of Defense for three years before moving into content full-time.

Luciano testified that he wants to change traditional industry perceptions around content creators, especially those  who primarily focus on social media. "Here’s the challenge: when many people hear the word 'influencer,' they picture kids making silly videos for clicks," Luciano says. "That’s the stigma I want to break. Behind the scenes, many of us are educated, disciplined, and purpose-driven. We’re running teams, managing payroll, filing taxes, and partnering with brands and small businesses. We are contributing to the economy just like any other entrepreneur."

How The DMCA Has Allowed Bad Actors To Weaponize Copyright Law

The Digital Millennium Copyright Act remains the cornerstone copyright law for digital content in the United States. And considering it's almost 30 years old, some at the hearing noted that it was woefully outdate for the modern environment. 

The act allows just about anybody to flag content online as restricted by copyright. Many platforms have these built-in tools. And while you'd think it would be good to allow people to flag improper use of copyrighted content, the tools are often misused or abused, sometimes due to clunky systems, and other times due to malicious intent. 

Take, for instance, famed producer and YouTuber Rick Beato, whose channel boasts more than 5 million subscribers. In August 2025, he posted a video revealing how Universal Music Group has been consistently flagging his channel for DMCA violations, despite Beato falling well within the fair use rights of the material. He reveals how much money he spends to fight these claims (which he always wins), and even that UMG will go out and submit more DMCA claims on videos that have already been reviewed and cleared. 

YouTube has a three-strikes policy, which means his channel could be suspended or removed indefinitely for receiving DMCA strikes. That would be a major blow to his business.

DMCA Wars Turn Violent

In an even sadder instance, a YouTuber and his wife were shot and killed on the streets of Las Vegas — during a livestream — by a rival streamer. 

Rodney Finley and his wife Tanisha Finley were livestreaming in front of the Bellagio fountains when Manuel Ruiz approached them and opened fire on June 8, 2025. He turned himself in the next day, claiming self defense. 

The murders apparently stemmed from an ongoing feud between the two YouTubers, whose channels were smaller but growing. Beginning in 2023, Finley and Ruiz each took turns mocking and criticizing each other on their various livestreams and Las Vegas-themed content. 

Ruiz also reportedly used YouTube's DMCA-based copyright claim tool to try to "claim" Finley's content. And while this is among the most tragic outcomes involving people weaponizing DMCA, it's certainly not the first. 

Users have often been known to abuse DMCA tools in order to try and stifle or hurt creators they don't like. They'll make unsubstantiated claims against a user's content which, due to the nature of automated systems, can damage a creator's profile and reach whether the copyright claims are true or not. 

"There’s a growing practice of using the DMCA takedown tools built into platforms to restrict and shut down competition," says trademark and contract attorney Kayla Morán.

Changes Needed To Protect Creators

Morán tells Inc. that the route to protecting your content can be cost-prohibitive. To actually be able to recover damages from any infringement, you need to have federal copyright registration — and even that only protects you nationally, and not globally. 

Furthermore, while things like business names and logos can be protected, specific content or themes generally can't. Morán suggests creators use LLCs to protect their business assets (including social media accounts), but notes that these protections don't extend to helping prevent their content or likeness from being stolen. 

Ultimately, there needs to be a modernization of the DMCA in order to help address all of the issues that stem from essentially an entirely new economy emerging in the past 20 years. But before something like that happens, even baby steps in the form of modernizing resources made available by the Small Business Administration can help. The SBA doesn't currently provide any resources or guidance to social media creators specific to their fields like it does with other industries. 

And then there's that whole other can of worms — artificial intelligence and protecting likeness (which we've discussed in the past). 

While there's a lot of work that needs to be done, it's nice to at least see Congress recognize how digital creators intertwine with traditional small businesses — but have specific needs that should be addressed given the modern nature of their business.