Unsigned, Uncertain, Unsettled: What Creators Should Know About the Copyright Office Situation

If you're a filmmaker, musician, photographer or any other content creator who registers your work with the U.S. Copyright Office, recent events out of Washington, D.C. should be on your radar.

The Trump administration recently removed Shira Perlmutter from her position as Register of Copyrights, a decision that has since been challenged in court. Her dismissal occurred alongside another shakeup at the Library of Congress (which oversees the Copyright Office). New interim officials were appointed but there is internal confusion over who holds legitimate authority to lead the agency.

This is not the first time the Register of Copyrights has been suddenly removed. In 2016, during the early months of the first Trump administration, Maria Pallante was reassigned by the then newly appointed Librarian of Congress and resigned shortly after declining the new role. However, there was a clear continuity of leadership since the then Associate Register was appointed Acting Register the same day. In contrast, Perlmutter’s 2025 removal was carried out by officials lacking Senate confirmation; leaving the office without clear leadership and prompting a federal lawsuit by Perlmutter. That challenge may lead the courts to, for the first time, set a new precedent regarding executive control over this independent office.

Why does this matter to creators? Legal scholars are now raising two critical concerns. First, recent copyright registrations have been issued without the Register’s signature due to the lack of a sitting Register of Copyrights. While the Copyright Act does not explicitly require a signature, nearly all prior registrations have included one, and its absence could give rise to challenges. Second, and perhaps even more serious, some scholars have questioned whether registrations issued during a period without a valid Register are legally effective at all. For creators, this raises a deeply concerning scenario: a certificate issued during a leadership “gap” may later be challenged in court under a theory of invalidity; undermining a creator’s ability to enforce rights. Until the courts resolve this issue, some scholars believe that the legal status of these registrations could be in limbo. 

Dinsmore will continue to monitor this evolving situation, including the progress of Shira Perlmutter’s federal lawsuit and any further actions by the Copyright Office or the courts that may impact the validity of registrations issued during the leadership dispute. If you are a creator considering registering a copyright in the near future, you should consult with a Dinsmore attorney beforehand to ensure your rights are fully protected amid this legal uncertainty.