Former register of copyrights Shira Perlmutter filed suit in federal court on May 22, challenging her removal from office and seeking reinstatement to her position at the U.S. Copyright Office. The filing notes that Perlmutter was appointed to her position by then–librarian of Congress Carla Hayden in October 2020. As register, she serves as “the principal advisor to Congress on national and international copyright matters” and leads an office that examines hundreds of thousands of copyright claims annually. She was fired by the White House on May 10.
The complaint, filed in the U.S. District Court for the District of Columbia, names multiple defendants, including Todd Blanche, who was named acting librarian of Congress by President Donald Trump in a highly disputed move; Paul Perkins, who claims to be the new register of copyrights under Blanche; White House officials Sergio Gor and Trent Morse; and President Trump in his official capacity.
Specifically, Perlmutter is seeking an emergency temporary restraining order and injunctions that would prevent Blanche from exercising the powers of acting librarian of Congress, prevent Perkins from exercising the powers of acting register of copyrights, void any actions taken by these improperly appointed officials, and order that Perlmutter cannot be removed from her office or obstructed from accessing her office resources and carrying out her duties as register of copyrights unless removed by a lawfully appointed librarian of Congress.
The emergency nature of the request stems from an incident on May 12, when Blanche sent officials to physically take over the Copyright Office, demonstrating an immediate threat to Perlmutter’s ability to perform her statutory responsibilities. According to the court filing, Perlmutter received an email on May 10 from Trent Morse, deputy director of the White House Presidential Personnel Office, stating that “on behalf of the President, her position as the Register of Copyrights and Director at the U.S. Copyright Office is terminated effective immediately.” The termination came one day after the Copyright Office released the third part of its report on Copyright and Artificial Intelligence, which addressed the use of copyrighted works in training generative AI systems.
The filing notes that on May 12, Blanche sent James Nieves, who serves as Blanche’s chief of staff, along with Perkins to the library of Congress to “assume their positions.” Library staff contacted the U.S. Capitol Police, and “Mr. Nieves and Mr. Perkins left the grounds of the Library of Congress voluntarily.” The lawsuit suggests that this physical attempt to take over the Copyright Office is legally significant because it demonstrates immediate, concrete harm to Perlmutter’s position, rather than just a theoretical dispute, as they were actively trying to prevent Perlmutter’s performing her statutory duties and accessing her office.
Perlmutter’s attorneys argue that her removal violates both constitutional and statutory provisions. The complaint asserts that Congress vested the librarian of Congress—not the president—with the power to appoint and remove the register of copyrights under chapter 7 of U.S. Code Title 17. “The President’s attempt to remove Ms. Perlmutter,” the filing states, “was unlawful and ineffective.”
The complaint further argues that Blanche cannot legally serve as acting librarian because the Federal Vacancies Reform Act only authorizes the president to fill temporary vacancies in executive agencies; the LoC is a congressional agency and therefore part of the legislative branch. In addition, it contends that under LoC regulations and longstanding practice, Robert R. Newlen, who has worked at the LoC for more than 40 years, properly assumed the role of acting Librarian following the removal of Carla Hayden on May 8.
Perlmutter requests that the court issue preliminary and permanent injunctions preventing Blanche from exercising the powers of acting librarian of Congress and Perkins from exercising the powers of register of copyrights. She also seeks an order preventing her removal from office “absent a decision by a lawfully appointed Librarian of Congress to remove her.” The complaint asks the court to declare that Perlmutter “remains the Register of Copyrights and Director of the U.S. Copyright Office” and that “Mr. Newlen remains the acting Librarian of Congress.”
Amid the legal morass, a LoC representative told PW that the LoC remains “open to the public” and is continuing to serve Congress, and that the Copyright Office remains “open for business.”
A version of this article appeared in the 05/26/2025 issue of Publishers Weekly under the headline:
