Shira Perlmutter, the former head of the U.S. Copyright Office, is taking legal action against the Trump administration. She claims her dismissal was illegal. Perlmutter was appointed to her position in 2020 by Carla Hayden, the Librarian of Congress at the time. Recently, President Trump fired Hayden via email, and shortly after, Perlmutter received a similar message stating that her role was terminated.
The U.S. Copyright Office is responsible for registering copyright claims and advising Congress on copyright policies. Following Hayden’s removal, Trump appointed Todd Blanche, the deputy attorney general, as her temporary replacement. Perlmutter argues in her lawsuit that only the Librarian of Congress has the authority to appoint or remove the Register of Copyrights. She asserts that the president cannot legally appoint a temporary Librarian.
Perlmutter’s lawsuit states, “The President’s attempt to name Mr. Blanche as acting Librarian of Congress was unlawful and ineffective.” She is seeking a court order to stop Blanche from acting as the Librarian and to confirm her position as the head of the Copyright Office.
This legal battle comes at a time when the Copyright Office has just released a report on copyright issues related to artificial intelligence. The report discusses how copyrighted works are used to train generative AI, indicating that some uses may be considered fair use while others exceed acceptable limits.
Perlmutter’s case raises important questions about the power dynamics within government appointments and the future direction of copyright policy in the U.S. As the situation unfolds, it remains to be seen how this legal challenge will impact the Copyright Office and its ongoing work.