A US federal Appeals court has blocked the Trump administration’s attempt to remove Shira Perlmutter from her position as the Register of Copyrights and Director of the US Copyright Office.
The injunction pending appeal, filed yesterday (September 10), temporarily reinstates Perlmutter and prevents the Trump administration from installing Executive Branch officials to run the Library of Congress and the Copyright Office.
The saga around Perlmutter’s ousting started in May 2025 after the Trump Administration fired Carla D. Hayden, the Librarian of Congress, and replaced Hayden with Todd Blanche, the Deputy Attorney General with the Department of Justice.
Blanche then immediately fired Perlmutter from the position at the US Copyright Office, which is part of the Library of Congress, and replaced her with Paul Perkins, an Associate Deputy Attorney General at the DoJ.
Perlmutter filed a lawsuit later that month, claiming her dismissal was “unlawful and ineffective” after President Trump fired both her and Librarian of Congress Carla Hayden via email.
The Appeals Court’s 2-1 decision comes a few weeks after a judge in a lower court denied Perlmutter’s motion for a preliminary injunction. US District Judge Timothy Kelly ruled on July 30 that Perlmutter failed to demonstrate irreparable harm warranting emergency relief.
Perlmutter promptly filed notice of appeal to the US Court of Appeals for the D.C. Circuit on August 1, signaling her intention to continue the legal battle.
The Appeals Court’s order filed yesterday (September 10) rules that Perlmutter’s removal in May was likely unlawful, and temporarily restores her as Register of Copyrights while the case continues. It also stipulates that any actions taken by improperly appointed officials at the Library of Congress have no legal effect while the case continues.
The order, which you can read in full here, states that “appellees Todd Blanche, Paul Perkins, Sergio Gor, Trent Morse, and the Executive Office of the President, and their subordinates and agents, are hereby enjoined from interfering with appellant’s service as Register of Copyrights and Director of the U.S. Copyright Office pending further order of the court”.
It adds: “To that extent, appellant has satisfied the stringent requirements for an injunction pending appeal.”
In a statement issued on Wednesday, Democracy Forward, the group representing Perlmutter in this case, explained that the Appeals Court’s decision pauses, for now, what the court said might constitute a “grave intrusion by the President into the constitutional powers of a coordinate branch of government.”
According to Democracy Forward, the ruling “confirms that the President does not have the legal authority to fire or replace the Register of Copyrights — a position that can be filled only by the Librarian of Congress”.
“We are proud to represent Shira Perlmutter in defending the integrity of our democratic institutions, and we will continue this fight as it proceeds,” said Brian Netter, Legal Director at Democracy Forward.”
Brian Netter
Brian Netter, Legal Director at Democracy Forward, called the ruling “a significant victory for the rule of law, the separation of powers, and the independence of Congress.”
He added: “The President does not have the authority to remove the Register of Copyrights or to install his own officials to run the nation’s library.
“We are proud to represent Shira Perlmutter in defending the integrity of our democratic institutions, and we will continue this fight as it proceeds.”
Perlmutter’s ousting and now temporary reinstatement come as the Copyright Office faces questions about leadership continuity, particularly regarding its ongoing artificial intelligence report, which Perlmutter had highlighted as urgent work requiring her oversight.
The dispute has broader implications for the music industry, given the Copyright Office’s role in regulating performance rights organizations and overseeing mechanical licensing through entities like The Mechanical Licensing Collective.
The office also plays a crucial role in AI-related copyright policy, an increasingly important area for music rights holders.
