Senators also demand reinstatement of Librarian of Congress who has the authority to hire and remove the Register of Copyrights
Washington, D.C. – Today, U.S. Senator Adam Schiff (D-Calif.), Ranking Member of the Senate Judiciary Committee’s Intellectual Property Subcommittee, led the subcommittee’s members and Judiciary Committee Ranking Member Dick Durbin (D-Ill.) in a letter to President Donald Trump urging him to reverse his illegal firing of the head of the U.S. Copyright Office, as well his removal of the Librarian of Congress.
The Senators raised concerns about the longstanding damage the firings could have on intellectual property protections across the United States, and on American innovation and business.
“You are acting beyond your power and contrary to the intent of Congress as you seek to erode the legal and institutional independence of offices explicitly designed to operate outside the reach of partisan influence,” the Senators wrote.
“The Copyright Office, as part of the broader intellectual property system supporting American innovation, must remain independent. Undermining that independence for political or commercial gain threatens to do lasting damage not only to the Office itself, but to the rights of artists, creators, and innovators across the country. The abrupt removal of Ms. Perlmutter without cause weakens both the integrity of the Office she leads and the public’s confidence in the policymaking process,” the Senators wrote.
The letter was signed by Sens. Chris Coons (D-Del.), Mazie Hirono (D-Hawai’i), Sheldon Whitehouse (D-R.I.), and Peter Welch (D-Vt.).
The letter comes before the subcommittee’s first hearing of the 119th Congress. Schiff became the leading Democrat on the subcommittee in January.
Read the full text of the letter here and below:
Dear Mr. President:
Your decision to abruptly remove Shira Perlmutter, the Register of Copyrights and director of the U.S. Copyright Office of the Library of Congress, is unlawful and reckless. It threatens the longstanding independence and integrity of the Copyright Office, which plays a vital role in our economy. You are acting beyond your power and contrary to the intent of Congress as you seek to erode the legal and institutional independence of offices explicitly designed to operate outside the reach of partisan influence.
As enshrined in law, the authority to appoint – and thus remove – the Register of Copyrights belongs solely to the Librarian of Congress, who you fired without cause just days ago even though she had one more year left in her 10-year term. Congress vested this responsibility with the Senate-confirmed Librarian to ensure that the Copyright Office remains an expert and nonpartisan body free from undue political influence and interference.
The Register of Copyrights plays a central role in shaping federal copyright policy, pursuant to its statutory responsibility to “[c]onduct studies” and “[a]dvise Congress on national and international issues relating to copyright.” The Copyright Office’s independence from political influence is particularly important as we confront complex issues surrounding the intersection of copyright law and emerging technologies, including artificial intelligence. Your dismissal of Ms. Perlmutter, which occurred one day after the Copyright Office’s publication of a report questioning the legal bounds of applying the fair use doctrine to training artificial intelligence models on copyrighted materials, also raises grave concerns that your Administration moved to remove Ms. Perlmutter to satisfy commercial or political interests.
The Copyright Office, as part of the broader intellectual property system supporting American innovation, must remain independent. Undermining that independence for political or commercial gain threatens to do lasting damage not only to the Office itself, but to the rights of artists, creators, and innovators across the country. The abrupt removal of Ms. Perlmutter without cause weakens both the integrity of the Office she leads and the public’s confidence in the policymaking process.
We therefore urge you to immediately reinstate the Librarian of Congress, Carla Hayden, the only official authorized by statute to appoint or remove the Register of Copyrights, as well as rescind your directive to remove Ms. Perlmutter as Register of Copyrights. Doing so swiftly would restore much-needed public confidence in the Library of Congress and reaffirm the independence of the Copyright Office, as envisioned by Congress and upheld by Presidents on a bipartisan basis.
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