Trump Administration Fires the Register of Copyrights

On Saturday, the Trump administration fired Shira Perlmutter, the Register of Copyrights, just one day after the US Copyright Office released a pre-publication version of a report about AI and copyright.

Perlmutter had served in the position since October 2020. She was appointed to the post by the Librarian of Congress, Carla Hayden. Hayden was also fired by the Trump administration last week.

The move has drawn steep criticism from democratic congresspeople, including Rep. Joe Morelle of New York, who said it was an “unprecedented power grab with no legal basis.”

Legal challenges around the firing are likely, as many believe the President lacks the authority to fire either the Librarian of Congress or the Register of Copyrights. The situation is ongoing, with two Trump administration officials being denied entry to the Copyright Office.

As the situation unfolds, the Library of Congress (LOC) and the United States Copyright Office (USCO) are receiving considerable attention. However, their functions are not always well understood.

With that in mind, I wanted to produce a guide to help understand what these organizations do, why they’re important and why the sudden upheaval has many worried.

The Library of Congress

The Library of Congress is exactly what its name says: it is the official library of Congress and, therefore, the de facto national library of the United States.

Its collection includes over 173 million items, including artwork, books, music, film, maps, newspapers and more. That collection grew in large part due to copyright. Two copies must be deposited with the Library of Congress to register a copyright in a physical work.

The Library of Congress has two key offices within it: the United States Copyright Office and the Congressional Research Service. The Congressional Research Service is a nonpartisan research unit that assists Congress in drafting and passing legislation, while the United States Copyright Office administers many copyright-related functions.

Overall, the LOC serves as a library and Congress’s research arm. In Washington, DC, you can visit the LOC and peruse its collection. However, only members of Congress and their staff can take items off-site.

The United States Copyright Office

The US Copyright Office (USCO) is a separate entity within and overseen by the Library of Congress. It has three main functions.

The first function is administering many copyright-related laws, primarily through recordkeeping. The USCO administers the copyright registration system. Since registrations are required to file a lawsuit in federal court, they analyze and process registrations for hundreds of thousands of works annually.

The USCO also maintains the DMCA Designated Agent Directory, records notices of copyright termination and documents copyright transfers. It is also the home of the Copyright Claims Board (CCB), a relatively new “small claims court” for copyright cases.

The second function of the USCO is to provide guidance to Congress on copyright matters. This usually takes the form of extensive reports on topics Congress requests it address. The USCO does not have any legislative authority. However, its reports are routinely used to draft new legislation and guide Congress on these issues.

The third function is public education. The USCO maintains a large library of copyright circulars on dozens of topics. The USCO also provides FAQs, videos and other educational material. It also offers a Public Information Office where you can ask general copyright questions.

The Register of Copyrights/The Librarian of Congress

Both of these titles can be summarized in the same way: they are the directors of their organizations.

However, the Librarian of Congress appoints the Register of Copyrights, and the Register continues to report to them. In 2017, an attempt was made to make the Register a position appointed by the President with Senate approval, but the measure didn’t pass.

On the other hand, the Librarian of Congress is appointed by the President and confirmed by the Senate. A 2015 law limited the appointment to 10 years, though sitting Librarians are eligible for reappointment. Register of Copyright appointments are still unbound by term limits.

As of right now, the Register of Copyrights position is vacant. However, Deputy Attorney General Todd Blanche is serving as the acting Librarian of Congress. It is unclear when a new acting Register will be appointed.

Why This is Important

The problem here is simple. Both the LOC and the USCO are meant to be neutral, apolitical organizations. Their roles are to serve Congress and administer the laws that Congress passes. Neither office has any legislative or lawmaking power on its own.

Note: There is a minor exception here as the Librarian of Congress has the final authority over the triannual DMCA anti-circumvention exceptions. However, that came about due to the Digital Millennium Copyright Act, which took effect in 1998.

As someone who has been critical of the USCO, particularly the registration requirement, I still recognize that the LOC and the USCO have critical functions to perform.

For example, the USCO can deny a copyright registration, potentially harming one’s ability to sue over copyright infringement. Their registration policies effectively determine what works qualify for copyright protection.

The USCO has typically wielded this power very conservatively, sticking to what Congress and the courts say. It has a massive compendium of practices that covers its operations and ensures neutrality.

That neutrality is now potentially compromised. Even the perception of bias could harm the USCO and LOC in their various functions. When the USCO denies a registration or changes its registration process, we need to know that the decision was not arbitrary. When it publishes a report, we need to know that it represents the stakeholders’ views, not some other agenda.

But there is also an immediate need. We need both the LOC and USCO to operate smoothly. Disruptions can harm important research, delay copyright registrations, and create uncertainty for rightsholders and creators.

Their function is small but essential. The only way they can serve as intended is by being neutral and enjoying the trust that comes with that.

Bottom Line

Obviously, the situation is still unfolding, and we will likely be sorting out the impacts for a long time. There will also likely be legal challenges and other updates to this story.

Ultimately, we rely on the LOC and the USCO to serve as steady hands on these issues. They are meant to be tools of research and analysis. The USCO, for example, administers the laws that Congress passed and provides information to the public.

If the USCO ceases to be neutral, it could fundamentally alter copyright law in the United States without requiring new laws to be passed. For example, changing the types of works it registers could give or remove copyright protection for various kinds of works.

To be clear, the LOC and USCO are flawed institutions with significant issues. However, they have largely managed to fill their roles and remain apolitical. The LOC and USCO have largely stayed out of the spotlight because they don’t make waves—they’re not supposed to.

However, this is making some pretty significant waves. This brings a great deal of uncertainty, which hampers trust in these institutions. Historically, stability and neutrality have been the hallmarks of the LOC and USCO. But that is not the case today.