Shira Perlmutter is (Temporarily) Back in Charge at Copyright Office
Patent – Patently-O 2025-09-10
Summary:
by Dennis Crouch
In a significant victory for Register of Copyrights Shira Perlmutter, the D.C. Circuit Court of Appeals has granted her emergency motion for an injunction pending appeal, allowing her to continue serving in her role while challenging President Trump's attempt to remove her from office. Perlmutter v. Blanche, No. 25-5285 (D.C. Cir. Sept. 10, 2025). The per curium order is a terse one paragraph, but two judges filed a detailed concurring opinion explaining why a preliminary injunction is useful in this case -- writing that removal of Perlmutter “would be a grave intrusion by the President into the constitutional powers of a coordinate branch of government.” Although this is an intellectual property case, it is also fundamentally about separation of powers issues within the U.S. government -- and particularly about executive control over aspects of the government in situations where Congress has attempted to reduce or eliminate Presidential power.
Although Copyright Office control may be less important to the President than other areas, I still expect an emergency application to the Supreme Court from the DOJ to overturn this ruling. The court's order enjoins "Todd Blanche, Paul Perkins, Sergio Gor, Trent Morse, and the Executive Office of the President, and their subordinates and agents" from "interfering with appellant's service as Register of Copyrights and Director of the U.S.