Stay informed on the latest policies affecting creators. 

Book Bans Are Surging

Updated October 1, 2025

What is this?

PEN America recorded 6,870 book bans in the 2024–25 school year across 23 states and 87 districts — with Florida, Texas, and Tennessee leading. This shapes what young people can access and what creators can sell or license into schools. (PEN America)

But aren’t schools just removing “inappropriate” content?

The bans overwhelmingly target works about race, identity, and sexuality — sweeping up classics and award-winners and chilling teachers and librarians. This is cultural censorship with real market impacts for authors and illustrators. (The Guardian)

What can I do?

  • Support “book sanctuary” libraries and donate challenged titles.
  • Check out our video on Harriet’s Bookstore exploring the importance of community book stores and opwnerhship. 
  • Show up locally: school board meetings and state hearings matter.
  • Use PEN’s tools to track bans and learn your state’s rules. (PEN America)

EU AI Act: Transparency Hits Home for U.S. Creators

Effective August 2, 2025 (GPAI obligations)

What is this?

The EU AI Act’s transparency and copyright-related duties for general-purpose AI (GPAI) models began applying August 2, 2025. Expect more content labeling, deepfake disclosures, and high-level training-data summaries — even on tools used in the U.S. (Digital Strategy)

But that’s Europe — why should I care?

Platforms and tools serve EU users, so compliance travels with the product. That affects how your content is labeled, discovered, and licensed. (Artificial Intelligence Act EU)

What can I do?

  • Check your tools for new disclosure toggles and labels.
  • Use labels (e.g., “synthetic/edited”) to build trust with audiences and buyers.
  • Track data-summary releases that may inform licensing conversations. (Mayer Brown)

The TikTok Divest-or-Ban Ruling

Updated January 17, 2025

What is this?

On January 17, 2025, the U.S. Supreme Court upheld the federal “divest-or-ban” law for TikTok, allowing the government to require ByteDance to sell TikTok or see it effectively shut down in the U.S. The Court said Congress acted within its powers given national-security concerns. (Supreme Court)

But isn’t national security important?

Yes. The problem is the remedy’s impact on speech and access. A forced sale/ban affects millions of creators’ distribution, income, and community — with little transition planning. Creators who built audiences there shoulder the risk. (Congress.gov)

What can I do?

  • Diversify: cross-post to Reels, YouTube Shorts, and newsletters now.
  • Save your audience: drive followers to owned channels (email, your site).
  • Tell Congress: support future rules that protect both security and creator livelihoods. Use your Senators’ contact portals and explain the economic impact on small creators. (Congress.gov)

Net Neutrality: Federal Rules Vacated

Updated January 2, 2025

What is this?

The Sixth Circuit vacated the FCC’s 2024 Open Internet (net neutrality) Order. With federal protections gone, states (like California) and Congress now decide whether ISPs can throttle or prioritize traffic. (Congress.gov)

But don’t ISPs promise to treat traffic fairly anyway?

Some do — until pricing or policy shifts. Without baseline rules, smaller creators risk slower delivery or paid “fast lanes” they can’t afford, which can bury independent art, news, and culture. (Gibson Dunn)

What can I do?

  • Check your state: advocate for state-level open internet protections.
  • Join coalitions: sign on with arts/tech groups pushing for federal legislation.
  • Monitor your analytics for sudden drops by ISP/region and document issues for complaints.

Content Credentials (C2PA): A Stamp for Your Work

Updated 2025

What is this?

C2PA/Content Credentials is an open standard that attaches tamper-evident provenance (who made it, with what, and what changed) to digital media. Major tools are adopting it to fight misattribution and deepfakes. (C2PA)

But won’t bad actors strip metadata?

They can try; Content Credentials are designed to make tampering evident and preserve a verifiable chain of edits. It’s not perfect, but it raises the bar. (Content Authenticity Initiative)

What can I do?

  • Turn it on in supported apps (e.g., Adobe).
  • Educate buyers/clients to look for the “Cr” badge.
  • Include credentials language in contracts and brand guidelines. (Adobe Help Center)

Why Your Library Can’t Get That eBook

Updated 2025

What is this?

Libraries don’t “buy” most e-books — they license them. Many licenses expire quickly, cost more than print, or restrict lending, which limits public access to research materials and cultural works that inspire creators. (American Library Association)

But aren’t digital books booming?

Yes — digital borrowing is way up — but opaque licensing and pricing models mean longer waitlists and fewer copies, especially for indie and midlist titles. (American Library Association)

What can I do?

  • Ask your library how to request titles and how many “circs” a license allows.
  • Publishers/creators: explore flexible library terms.
  • Advocate for state/federal standards that ensure fair, transparent e-lending. (American Library Association)

Archive or It Didn’t Happen: Social Media as Public Record

Updated 2024–2025

What is this?

NARA (the National Archives) keeps tightening expectations for electronic records and social media archiving across federal agencies. Authenticity and chain-of-custody standards here influence courts, platforms, and best practices for public-interest documentation. (National Archives)

But I’m not a federal agency…

True — but creators documenting movements, public meetings, or government communications benefit from following these norms (metadata, export formats, retention). It strengthens credibility and long-term access. (Records Express)

What can I do?

  • Export your posts (with timestamps/metadata) after key events.
  • Use tools that preserve originals plus hashes and audit trails.
  • Adopt a retention plan (what you keep, how long, and where).

Don’t Clone My Voice: New Right-of-Publicity Laws

Updated 2024–2025

What is this?

Tennessee’s ELVIS Act (effective July 1, 2024) updated its right-of-publicity law to cover voice cloning; other states (like New York) are advancing similar bills. A federal “NO FAKES Act” concept is also in play. (capitol.tn.gov)

But isn’t this just about celebrities?

No — many creators monetize their voice/likeness (musicians, voice actors, influencers). These laws shape your remedies when deepfakes hijack your brand. (Maryland State Bar Association)

What can I do?

  • Register trademarks where appropriate; save voiceprints/samples.
  • Update contracts to include AI/deepfake clauses.
  • Know your state: remedies and definitions vary. (New York State Senate)

Controlled Digital Lending Took a Hit

Updated December 4, 2024

What is this?

Publishers won against the Internet Archive. The Second Circuit rejected the Archive’s fair-use defense for its “controlled digital lending” (one digital loan per owned copy). The Archive ended its appeal and must remove member-publisher titles upon request. (Justia)

But don’t libraries need digital copies to preserve culture?

They do — especially for researchers and creators. The ruling narrows how libraries can lend digitized books, complicating preservation and access for scholarship and creative reference. (Ropes & Gray)

What can I do?

  • License smart: consider library-friendly terms for your works.
  • Use legal alternatives: learn fair-use basics and controlled access options at your institution.
  • Back policy fixes that support both creator pay and library access.

When Your Sound Disappears: Platform Music Licensing Fights

Updated May 2024

What is this?

After a high-profile dispute that saw UMG music removed/muted on TikTok, UMG and TikTok signed a new deal on May 1–2, 2024 to bring songs back and add AI safeguards. These standoffs can silence creators overnight. (Reuters)

But won’t they always work it out?

Usually — but you absorb the disruption. Sound removals break back catalogs, derail trends, and reduce discoverability, especially for smaller artists. (AP News)

What can I do?

  • Clear alt-audio versions and keep stems handy.
  • Post cross-platform and archive originals without platform audio.
  • Follow label/platform news and pivot quickly when catalogs shift.

The EARN IT Act

Reintroduced January 31, 2022

What is the EARN IT Act?

On January 31, 2020, Sens. Lindsey Graham and Richard Blumenthal introduced the EARN IT Act. The bill was ostensibly designed to combat online child sex abuse but lays the groundwork for unprecedented internet censorship. The latest version of the bill would effectively allow all 50 states to regulate the internet as they choose. 

But isn’t fighting child sex abuse important?

Obviously! But as it’s written now, the bill would give way too much power to state officials to censor the internet as they please. Any censorship would need to be tied, in some way, to child sex abuse, but stretching a law way past its original intent would be nothing new. And we live in an era where a growing number of voters (and elected officials) believe in the bogus Q-Anon pedophilia conspiracy that has tied nearly every opponent of Trump to sex trafficking.

We also have reason to be worried about the rights of protest and dissent in this country. Black Lives Matter protesters have been assaulted by police in full view of cameras and shoved into unmarked vans by unidentified officers. Most of these abuses have only come to light through social media, often after denials by local officials. States and cities are censoring protests with impunity. Now is not the time to give states the power to censor the internet as well. 

What can I do?

On January 31, 2022, Senator Richard Blumenthal reintroduced the EARN IT Act with 18 co-sponsors from both parties. Call your Senators at (202) 224-3121 to tell them to oppose the EARN IT Act.

Call Your Senators

Bipartisan Infrastructure Plan

Passed November 15, 2021

What is in the Bipartisan Infrastructure Plan?

On November 15, 2021, President Biden signed the Bipartisan Infrastructure Law, providing $550 billion in infrastructure investments  to improve roads, utilities, and broadband. 

Creators are key drivers of economic growth and recovery. In the short term, the bipartisan infrastructure plan will help ensure that creators have the resources they need to turn ideas into reality, but it leaves our future in limbo.

Key Features of the Plan

Expands broadband access. High-speed internet access is absolutely essential in the creative economy. The deal includes $65 billion that the White House says will ensure every single American has access to broadband – a huge deal for rural communities of color, especially. The funding will also be used to force companies to offer low-priced plans and to encourage competition between companies.

Expands public transportation. Whether due to intentional exclusion or the impacts of gentrification, communities of color often lack quality public transit access, even in big cities. With transportation comes economic opportunity, and the $39 billion in public transit spending will be a boon to creators and their communities.

Provides environmental remediation. More than a quarter of Black and Latinx Americans live near a toxic Superfund site. The deal invests $21 billion to clean up these sites and rectify this grave environmental injustice. This will most benefit the public health of local residents, but clean communities will also spur economic growth and opportunity.

Reconnects communities. For as long as there have been economies, community relationships have played a critical role. Throughout the last century, Black neighborhoods were bulldozed in half to make room for highways. The results were devastating for our social relations and our economic ones. The original plan would have dedicated $24 billion to start righting these wrongs, but the bipartisan deal slashed the funding to just $1 billion.

Improves power and water infrastructure. The deal will fund $128 billion in improvements to our power and water infrastructure. Clean water and reliable electricity are bare essentials to live and work in the modern world, but recent disasters have shown how vulnerable these services often are.

What Does it Mean for the Creative Community?

Despite these important investments, the deal leaves the long-term future of communities of color and creators in serious limbo.

The plan focuses more on increasing usage of cars and planes, while doing little to combat climate change. Compared to the White House’s original proposal, the bipartisan deal cut funding for electric vehicle infrastructure by 90% and eliminated clean energy tax credits altogether. At the same time, the deal includes $121 billion in funding for roads and another $25 billion for airports. While our country’s transportation infrastructure certainly needs maintenance, it is irresponsible to increase our ability to pollute without making an equally substantial investment in climate change mitigation. As the impacts of climate change continue to intensify, investments in power infrastructure and environmental remediation may seem gravely insufficient.

The bipartisan plan has $0 for innovation, public housing, or schools. The original plan included nearly $1 trillion in investments in innovation, such as research funding for HBCUs, and building improvements, including public housing, schools, hospitals, and child care centers. Each of these investments would have greatly benefited communities of color, but each of them was zeroed-out during the bipartisan negotiations. As a result, we have missed a major opportunity to invest in our economic and social futures.

Download The Policy Brief

The CASE Act

Passed December 27, 2020

What is the CASE Act?

The Copyright Alternative in Small-Claims Enforcement Act (CASE Act) was passed on December 27, 2020 and creates a new small claims board designed to ensure that individuals and small businesses can defend their copyrighted work without the huge costs of going to federal court. The U.S. Copyright Office is in the process of developing this new Copyright Claims Board, which should begin hearing claims by spring 2022.

Learn More Here

The Music Modernization Act

Passed October 11, 2018

What is the Music Modernization Act?

The Music Modernization Act (MMA) was signed into law on October 11, 2018 and took effect on January 1, 2021. The MMA is lauded as a long-overdue way to ensure songwriters are adequately paid by streaming platforms, featuring three policies that artists and songwriters should be aware of: 

  1. Closing of the “Pre-72 loophole”: Before the MMA, artists who recorded their musical works before 1972 were unable to collect royalties. The MMA closes the “pre-72 loophole.”
  2. Creation of the Mechanical Licensing Collective: The MMA creates a Mechanical Licensing Collective (MLC) which will be responsible for collecting and distributing royalty payments to copyright owners: songwriters and publishers. The MLC will not be responsible for distributing statutory royalties that are owed to producers, record labels or performers. For those, SoundExchange is still responsible.
  3. Codifying of the practice of “Letters of Direction”: The MMA codifies the practice of “Letters of Direction (LOD),” which enables songwriters to split royalties among “creative participants.” This enables the MLC to also distribute digital royalties among various partners.

How to take advantage of the MMA: 

  1. Get organized. Regardless of where you are in your music career, you’re going to want to get organized. This means determining who owns what and who will get paid. For some artists, it might just be you, the songwriter. But for others, there might be discussions that need to be had to make sure all creative partners are included. The use of LODs might be necessary. Next is to upload your songs into the MLC system, which may be a one-day project or a multi-day nightmare. Either way, you can’t get paid, if you don’t do the leg work of adding your musical works into their system.
  2. Get registered. Once you’ve organized your life, you’re ready to register with the MLC at www.themlc.com. Remember, registering with the MLC does not bypass the need to register with the Copyright office, which adds additional protections for your musical works.
  3. Get paid. The MLC Portal is the tool you will need to use to receive your payments and get paid!

Resources: 

Learn More Here