This is clearly a case where we need new legislation. The US Copyright Act needed to be amended to cover photography. Prior to that photos were not copyrightable. It seems like we are on the same trajectory now.
The real problem is that Congress is institutionally incapable of making simple amendments to law. Everything gets delegated to agency rule making regardless of whether anyone likes the outcome.
The real problem is that Congress is institutionally incapable of making simple amendments to law. Everything gets delegated to agency rule making regardless of whether anyone likes the outcome.