The Trump administration is firing back against a lawsuit filed by axed Register of Copyrights Shira Perlmutter. Photo Credit: Tabrez Syed
An intensifying battle for USCO control: The Trump administration is firing back against the lawsuit filed by axed Register of Copyrights Shira Perlmutter.
We first covered that lawsuit (including a push for reinstatement) last week, and DMN Pro yesterday took an in-depth look at Perlmutter’s largely procedural action. Long story short: the former Copyright Office head maintains that the Library of Congress is part of the legislative, not the executive, branch, and is therefore off limits to the President.
Consequently, per Perlmutter’s complaint, President Trump’s dismissal of Librarian of Congress Carla Hayden is “unlawful.” (Among other things, said Librarian is tasked with appointing the Register of Copyrights.)
And in Perlmutter’s view, since Hayden’s firing is allegedly unlawful, the acting replacement (Deputy Attorney General Todd Blanche) lacks the authority to boot her (Perlmutter) at all.
Perlmutter’s complaint contains several relief requests, the most noteworthy being a sought injunction declaring that she “may not be removed from her office as Register of Copyrights and Director of the U.S. Copyright Office, or in any way be treated as having been removed.”
Enter the Trump administration’s initially highlighted opposition to Perlmutter’s requested restraining order.
As described by the newer legal document, because the Library of Congress “is part of the Executive Branch and is subject to presidential control” under the Federal Vacancies Reform Act (FVRA), “[t]he President had the power to remove the Librarian and designate an acting replacement.”
But even in the absence of the FVRA, “the President’s power to designate Mr. Blanche comes from the Constitution, not any statute,” per the defendants.
Following the idea to its logical conclusion, Perlmutter’s firing was lawful, and the presiding judge should deny the restraining order motion, according to the Trump administration.
“Because Mr. Blanche is properly serving as acting Librarian,” the legal text reads, “he had clear authority to remove the Register of Copyrights, as he did in designating Paul Perkins as acting Register. In addition, the President removed the Register directly—a removal that likewise is within his constitutional power where, as at that time, there is no Librarian.”
On cue, Perlmutter’s legal team submitted a reply supporting the restraining order motion and opposing the defendants’ above-described arguments. In brief, the follow-up mainly builds on the existing central position that the executive branch lacks the authority to dismiss the Librarian.
“Historical practice confirms that the President lacks any inherent authority to fill vacancies in principal offices,” the retort claims.
“Because the FVRA does not confer authority on the President to appoint an officer to temporarily perform the functions of the Librarian of Congress, the President’s appointment of Mr. Blanche was ultra vires,” the filing proceeds.
Suffice to say that it’ll be worth closely monitoring the courtroom confrontation – and especially the near-term trajectory of Perlmutter’s crack at reinstatement.
As explored in detail by DMN Pro’s aforementioned report, while evidence points to longshot odds of Perlmutter’s taking the USCO reins once again, the music industry may still be able to record IP wins under the new Copyright Office guard.
Also important is the “acting” nature of this guard; it remains to be seen who will serve as Librarian and Register on a permanent basis and when they’ll begin doing so.
Artificial Intelligence (AI), Feature Story, Intellectual Property Protection, Legislative, Music Industry News, Music Law, 1:25-cv-01659
This post was originally authored and published by Dylan Smith Digital Music News via RSS Feed. Join today to get your news feed on Nationwide Report®.
