Senators Defend Copyright Office Independence as AI and Executive Overreach Dominate Oversight Hearing

"“While there's no question that the U.S. is in an AI race with China, the U.S. should not be in a race to the bottom.” - Senator Thom Tillis"

"Register of Copyrights Shira Perlmutter provided critical updates on the Copyright Office's modernization efforts. However, the hearing was punctuated by sharp rebukes from Democratic senators regarding former President Donald Trump's recent attempts to assert executive control over the legislative branch agency."

"Trump argued that the D.C. Circuit's injunction represents improper judicial interference with the President's power to remove executive officers. Perlmutter has forcefully opposed this, arguing the Copyright Office is housed within the Library of Congress, a legislative branch agency, and accusing the administration of making an “inexcusable mess” of Congress's governance plans."

"In December 2025, the Supreme Court issued an order deferring a decision in Trump v. Perlmutter pending decisions in Trump v. Slaughter, which addresses the Administration's authority to remove Federal Trade Commission (FTC) Commissioner Rebecca Slaughter, with oral arguments held on December 8, and Trump v. Cook, which concerns a member of the Federal Reserve Board of Governors' lawsuit against Trump for her removal, with oral arguments held on January 21, 2026."

The U.S. faces an AI competition with China while lawmakers emphasize avoiding harmful regulatory and governance outcomes. A Senate Judiciary Subcommittee hearing focused on copyright law, artificial intelligence, and alleged executive branch interference with the U.S. Copyright Office. Register of Copyrights Shira Perlmutter provided updates on modernization efforts. Democratic senators criticized former President Donald Trump’s attempts to assert executive control over the legislative branch agency. Ongoing litigation centers on whether the President can remove Copyright Office leadership, with the Supreme Court deferring decisions in related cases involving removal authority. A fast-tracked bill, the Legislative Branch Agencies Clarification Act, aims to clarify governance for legislative branch agencies.

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