Battle for the Copyright Office: Can a President Fire the Register of Copyrights

By Lily Fernandez

           On May 10, 2025, President Trump abruptly removed Shira Perlmutter, the Register of Copyrights. Under 17 U.S.C. § 701, the Register of Copyrights is appointed and removable only by the Librarian of Congress.[1] This is a separation of powers established by Congress in order to preserve the Copyright Office’s independence from the executive branch. Based on 17 U.S.C. § 701, Perlmutter has filed suit against the Trump Administration, alleging that the President lacked the authority to remove her from office. The Administration countered by invoking the Federal Vacancies Reform Act (FVRA), which governs temporary appointments in executive agencies.

However, many scholars believe that the FVRA does not apply to entities based in the legislative branch, which includes the Copyright Office.

            Perlmutter requested a temporary restraining order (TRO) to bar her removal and reinstate her role.[2] On May 28, Judge Timothy Kelly, a Trump appointee, denied the motion, finding that Perlmutter failed to demonstrate irreparable harm.[3] Specifically, Judge Kelly stated that precedent suggests that institutional disruption does not necessarily equate to judicially redressable harm.[4] Perlmutter has since filed a motion for preliminary injunction, and further hearings will take place soon.

            This situation poses important legal questions about who the President is able to remove from office. Should the court uphold the President’s action, precedent would be created for the President to remove other officers within Congress’s domain, including the Congressional Research Office and Government Accountability Office, eroding the principle of the separation of powers. Additionally, the removal poses the risk of opening the Library of Congress up to executive control.

            Perlmutter’s firing coincided with the Copyright Office’s release of a new legal analysis of copyright and AI.[5] This report made a novel rejection of the AI industry’s contention that AI’s use of copyrighted works falls under the fair use doctrine, which goes against the Trump Administration’s stance on removing barriers on AI.[6]

References

[1] 17 U.S.C. § 701.

[2] Blake Brittain, US Copyright Office director sues Trump administration over firing, Reuters (May 23, 2025), https://www.reuters.com/world/us/us-copyright-office-director-sues-trump-administration-over-firing-2025-05-23/?utm_source=chatgpt.com.

[3] Katherine Tully-McManus, Fired copyright chief loses first round in lawsuit over Trump powers, Politico (May 28, 2025), https://www.politico.com/news/2025/05/28/fired-copyright-chief-first-round-lawsuit-trump-00373611?utm_source=chatgpt.com.

[4] Aruni Soni & Kyle Jahner, Judge Rejects Ex-Copyright Chief’s Bid to Pause Trump Firing (2), Bloomberg Law (May 28, 2025), https://news.bloomberglaw.com/ip-law/judge-rejects-temporary-relief-for-fired-copyright-office-chief?utm_source=chatgpt.com.

[5] Kyle Jahner, Trump’s Firing of Copyright Chief Sparks Constitutional Clash, Bloomberg Law (May 14, 2025), https://news.bloomberglaw.com/ip-law/trumps-firing-of-copyright-chief-sparks-constitutional-clash?utm_source=chatgpt.com.

[6] Id.