Trump-appointed Judge Timothy Kelly has ruled in favor of the President’s authority to remove the U.S. Copyright Office Director, dealing a blow to Shira Perlmutter’s lawsuit claiming her termination was unlawful.
At a Glance
- Judge Timothy Kelly ruled that former U.S. Copyright Office Director Shira Perlmutter would not suffer “irreparable harm” by remaining unemployed during her lawsuit
- Perlmutter claims her removal was unlawful as only the Librarian of Congress has authority to appoint or remove the Register of Copyrights
- Democrats have raised concerns that the firing aligns with tech industry interests, particularly Elon Musk’s AI development
- The case raises significant questions about executive power versus Congressional authority over the Copyright Office
Legal Battle Over Copyright Office Leadership
Former U.S. Copyright Office Director Shira Perlmutter has filed a lawsuit challenging her removal by President Donald Trump, arguing that her termination was “unlawful and ineffective.” Perlmutter, who was appointed in 2020 by then-Librarian of Congress Carla Hayden, maintains that only the Librarian has the authority to appoint or remove the Register of Copyrights, not the President. The lawsuit comes after Trump fired Hayden via email, despite her term being set to expire next year, and subsequently terminated Perlmutter.
In a significant development, U.S. District Judge Timothy Kelly, a Trump appointee from 2017, ruled against Perlmutter’s request for an injunction, determining she would not suffer irreparable harm by remaining unemployed during the legal proceedings. This ruling effectively supports Trump’s authority in the matter. The case highlights growing tensions between executive branch actions and the traditional independence of the Copyright Office, which is responsible for registering copyright claims and advising Congress on copyright policies.
“In short, the President’s attempt to name Mr. Blanche as acting Librarian of Congress was unlawful and ineffective, and therefore Mr. Blanche cannot remove or replace Ms. Perlmutter,” said Shira Perlmutter.
Tech Industry Connections and AI Implications
Democratic critics have suggested that Perlmutter’s firing may be connected to broader tech industry interests, particularly regarding artificial intelligence development. Following her removal, Trump appointed Todd Blanche as Hayden’s temporary replacement. Perlmutter’s lawsuit contends that this appointment was unlawful, rendering Blanche unable to legitimately remove her from office. The timing has raised questions about the administration’s motives, especially as the Copyright Office recently released a report addressing AI and copyright issues.
The Copyright Office’s report found that some AI training uses of copyrighted material qualify as fair use, while others exceed those boundaries. This distinction has significant implications for the trillion-dollar tech industry, where companies are racing to develop AI models trained on vast datasets that often include copyrighted works. The legal battle comes amid ongoing debates about how copyright law should apply to new technologies and who should have authority over these decisions.
“Donald Trump’s termination of Register of Copyrights, Shira Perlmutter, is a brazen, unprecedented power grab with no legal basis. It is surely no coincidence he acted less than a day after she refused to rubber-stamp Elon Musk’s efforts to mine troves of copyrighted works to train AI models,” said Democratic Rep. Joe Morelle of New York.
Separation of Powers Concerns
At the heart of Perlmutter’s lawsuit is a concern about the separation of powers between branches of government. The Copyright Office traditionally serves as counsel to Congress on copyright matters, and executive branch interference potentially disrupts this balance. Perlmutter seeks a court injunction to prevent Blanche from acting as Librarian of Congress and to affirm her position as head of the Copyright Office, arguing that the current situation threatens constitutional checks and balances.
Democratic Representative Joe Morelle of New York has been particularly vocal about these concerns, describing the firing as “an unprecedented power grab” and suggesting it was linked to Perlmutter’s stance on AI development. The Trump administration, meanwhile, has characterized its actions as part of broader efforts to reduce government size and improve efficiency. As the case proceeds, it continues to highlight tensions between presidential authority and the independence of institutions that serve multiple branches of government.
