Legal Battle over Copyright Chief’s Dismissal Raises Constitutional Questions on Executive Influence

Shira Perlmutter, the former Register of Copyrights, has petitioned the D.C. Circuit Court to overturn her dismissal by the Trump administration, arguing that her removal was unlawful and urging her reinstatement before Congress reconvenes on September 2.

Perlmutter’s termination on May 10, 2025, followed the release of a U.S. Copyright Office report that questioned the legality of using copyrighted materials to train artificial intelligence systems. The report suggested that such practices might not be protected under fair use doctrines, a stance that has been contested by major tech companies. ([iipla.org](https://iipla.org/perlmutter-lawsuit-trump-firing/?utm_source=openai))

Two days prior to Perlmutter’s dismissal, President Trump also removed Librarian of Congress Carla Hayden, who had appointed Perlmutter in 2020. The administration subsequently appointed Deputy Attorney General Todd Blanche as acting Librarian of Congress and Associate Deputy Attorney General Paul Perkins as acting Register of Copyrights. These appointments have raised concerns about executive overreach into legislative branch agencies. ([news.bloomberglaw.com](https://news.bloomberglaw.com/business-and-practice/trumps-firing-of-copyright-chief-sparks-constitutional-clash?utm_source=openai))

In her lawsuit, Perlmutter contends that the president lacks the authority to remove officials from the legislative branch, asserting that only the Librarian of Congress has the power to appoint or dismiss the Register of Copyrights. The administration, however, argues that the Library of Congress is part of the executive branch and subject to presidential control. ([foxnews.com](https://www.foxnews.com/politics/federal-judge-sides-against-copyright-leader-who-claimed-trump-wrong-fire-her?utm_source=openai))

In May, U.S. District Judge Timothy Kelly denied Perlmutter’s request for a temporary restraining order to block her termination, stating that she had not demonstrated she would suffer irreparable harm without immediate relief. The judge emphasized that his decision did not address the merits of the case, which are still under consideration. ([news.bloomberglaw.com](https://news.bloomberglaw.com/ip-law/judge-rejects-temporary-relief-for-fired-copyright-office-chief?utm_source=openai))

Perlmutter’s appeal to the D.C. Circuit seeks to resolve the constitutional questions surrounding her dismissal and to restore her position before Congress returns from recess. The outcome of this case could have significant implications for the balance of power between the executive and legislative branches, particularly concerning the autonomy of legislative agencies like the Library of Congress and the U.S. Copyright Office.