Showing posts with label Shira Perlmutter. Show all posts
Showing posts with label Shira Perlmutter. Show all posts

Monday, December 29, 2025

Year in Review: The U.S. Copyright Office; Library of Congress Blogs: Copyright Creativity at Work, December 29, 2025

George Thuronyi , Library of Congress Blogs: Copyright Creativity at Work; Year in Review: The U.S. Copyright Office

"Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office

As the year draws to a close, I am pleased to recognize an impressive slate of accomplishments at the U.S. Copyright Office. Despite some challenges, including a lengthy government shutdown, the Office continued to produce high-quality work and reliable service to the public—from policy analyses to technology updates; efficient registration, recordation and deposit; and education and outreach. I am grateful for the opportunity to lead such a skilled and dedicated staff.

A central policy focus of the year was further work on the Office’s comprehensive artificial intelligence initiative. In January, we published Part 2 of our report, Copyright and Artificial Intelligence, addressing the copyrightability of works generated using AI. In May, we released a pre-publication version of Part 3, addressing the ingestion of copyrighted works for generative AI training.

A particularly exciting development has been in the area of IT modernization: the launch of more components of the Enterprise Copyright System (ECS). The Office engaged in a successful limited pilot with members of the public of both the eDeposit upload functionality and our most-used registration form, the Standard Application. The development teams are implementing the feedback received, and work has begun on the first ECS group registration application. We also launched the ECS licensing component, which improves the Office’s internal capabilities in administering section 111 of the Copyright Act.

Another ECS component, the new and improved Copyright Public Records System (CPRS), replaced our legacy system as the official Office record in June. More and more pre-1978 historical public records have been digitized and published, with 19,135 copyright record books now available online, amounting to more than 72 percent of the total collection.

The Office also made strides in administration and public service. Our small claims court, the Copyright Claims Board (CCB), completed its third full year, offering a more accessible option for resolving copyright disputes below a certain monetary value. The Office published a rule expediting the process for obtaining a certification of a final determination and initiated a study of the CCB’s operations to be delivered to Congress in 2026.

Our public information and education programs continued to grow. The Office hosted or participated in 190 events and speaking engagements and assisted the public, in both English and Spanish, with responses to 247,484 inquiries in-person and by phone, email, and other communications. We launched a new Registration Toolkit and a Copyright for Kids activity sheet. In September, the Office hosted the International Copyright Institute, our premier weeklong training event for foreign copyright officials, coproduced with the World Intellectual Property Organization (WIPO).

This fall, we responded to a Congressional request on issues relating to performance rights organizations (PROs). And earlier in December, we announced a new group registration option for two-dimensional artwork, responding to the needs of visual artists. The Office also has taken forward the periodic review, mandated by the Music Modernization Act, of the mechanical licensing collective (MLC) and digital licensee coordinator (DLC), to be completed in 2026.

On the litigation front, the Office worked with the Department of Justice to develop and articulate positions in copyright-related cases. One major win was an appellate decision affirming the Office’s rejection of an application to register a work claimed to be produced entirely by artificial intelligence. The D.C. Circuit agreed with our view that human authorship is required for copyright protection.

Collaboration with and advising other federal agencies was again a key part of our interagency work in the international arena. This included participating in WIPO meetings on copyright and contributing to the U.S. Trade Representative’s annual Special 301 Report.

Concurrent with all of this activity, the Office’s provision of our regular services continued apace. Despite furloughs during the six-week lapse in appropriations, we issued 415,780 registrations and recorded 12,310 documents containing 5,704,306 works in fiscal year 2025. All the while, we maintained historically low processing times. We also received and transferred 503,389 copyright deposits, worth more than $57.8 million, to Library of Congress collections.

The Copyright Office remains committed to advancing copyright law and policy and supporting stakeholders in the creation and use of works of authorship. The work of the past year demonstrates the value of a resilient institution, grounded in expertise and public service. We look forward to further achievements in 2026."

Thursday, November 27, 2025

Supreme Court Defers Ruling on Trump’s Effort to Oust Copyright Official; The New York Times, November 26, 2025

, The New York Times ; Supreme Court Defers Ruling on Trump’s Effort to Oust Copyright Official

"The Supreme Court on Wednesday deferred a decision about whether President Trump could remove the government’s top copyright official until after the justices resolved a pair of related cases testing the president’s power to fire independent regulators.

The court’s order is a placeholder and means that Shira Perlmutter, the head of the U.S. Copyright Office, can remain in her role as an adviser to Congress at least until January. The order represents a rare departure from recent cases in which the conservative majority has allowed Mr. Trump to immediately remove agency leaders while litigation over their status continues in the lower courts.

The justices said they were putting off a decision in Ms. Perlmutter’s case until after the court heard arguments in December and January in cases testing the president’s authority to fire other government officials, despite laws generally prohibiting their dismissals that were meant to protect them from political interference."

Sunday, May 11, 2025

Trump fires top US copyright official; Politico, May 10, 2025

KATHERINE TULLY-MCMANUS , Politico; Trump fires top US copyright official


[Kip Currier: If the allegation below is correct -- that Musk or anyone could gain and/or be granted access to the copyrighted works that federal copyright filers are required to provide for deposit to the U.S. Copyright Office (i.e. the U.S. federal government), as a condition of receiving a federal copyright, and that Musk or anyone could then use these federally-deposited copyrighted works to train proprietary AI models without permission or payment to the owners of those federally-deposited copyrighted works -- this is a matter that must be reported on more widely and investigated by the U.S. Congress.]


[Excerpt]

"Rep. Joe Morelle, the top Democrat on the House Administration Committee which oversees the Library of Congress and U.S. Copyright Office, is alleging it is “no coincidence [Trump] acted less than a day after [Perlmutter] refused to rubber-stamp Elon Musk’s efforts to mine troves of copyrighted works to train AI models.”

Perlmutter and her office issued a lengthy report about artificial intelligence that included some questions and concerns about the usage of copyrighted materials by AI technology, an industry which Musk is heavily involved in.

“This action once again tramples on Congress’s Article One authority and throws a trillion-dollar industry into chaos,” Morelle continued in a statement. “When will my Republican colleagues decide enough is enough?”"

Friday, December 20, 2024

Conclusion of Copyright Office’s Report on Artificial Intelligence Delayed Until 2025; The National Law Review, December 19, 2024

Daniel J. Lass of Robinson & Cole LLP , The National Law Review; Conclusion of Copyright Office’s Report on Artificial Intelligence Delayed Until 2025

"This week, Director Shira Perlmutter indicated that the publication of part two of the U.S. Copyright Office’s three-part report on copyright issues raised by artificial intelligence (AI) would be further delayed. In her letter to the ranking members of the Senate Subcommittee on Intellectual Property and the House Subcommittee on Courts, Intellectual Property, and the Internet, Director Perlmutter indicated that although substantial progress had been made, the Office will not publish part two by the end of 2024 and now expects publication to occur in early 2025.

Part two of the report will describe the copyrightability of generative AI outputs and will build on part one of the report on digital replicas. Following the publication of part two, Director Perlmutter indicated that the third and final part would be published in the first quarter of 2025. Part three will relate to “analyzing the legal issues related to the ingestion of copyrighted works to train AI models, including licensing considerations and the allocation of potential liability.”"

Thursday, November 14, 2024

Perlmutter Says Copyright Office Is Still Working to Meet ‘Ambitious Deadline’ for AI Report; IPWatchdog, November 14, 2024

EILEEN MCDERMOTT , IPWatchdog; Perlmutter Says Copyright Office Is Still Working to Meet ‘Ambitious Deadline’ for AI Report

"Asked by Subcommittee Chair Chris Coons (D-DE) what keeps her up at night when it comes to the AI issue, Perlmutter said “the speed at which this is all developing.” In September during IPWatchdog LIVE 2024, Perlmutter told LIVE attendees that while she’s confident the issues around copyright and AI will eventually be solved, she’s “less comfortable about what it means for humankind.”

Perlmutter recently came under fire from Committee on House Administration Chairman Bryan Steil (R-WI), who sent a letter On Tuesday, October 29, to the Office asking for an update on the AI report, which Steil charged is no longer on track to be published by its stated target dates. Steil’s letter asked the Office to explain the delay in issuance of parts two and three, which Register of Copyrights Shira Perlmutter indicated in an oversight hearing by the Committee on House Administration would be published before the end of the summer and in the fall, respectively. “The importance of these reports cannot be overstated,” Steil wrote, explaining that copyright owners are relying on the Office to provide clear guidance. “The absence of these reports creates uncertainty for industries that are already grappling with AI-related challenges and hinders lawmakers’ ability to craft effective policy,” the letter added.

Perlmutter commented in the hearing that “we’ve been trying to set and follow our own ambitious deadlines” and the goal remains to get the rest of the report out by the end of the year, but that her key concern is to be “accurate and thoughtful.”

The forthcoming reports will include recommendations on how to deal with copyrightability of materials created using GAI and the legal implications of training on copyrighted works. The latter is most controversial and may in fact require additional legislation focusing on transparency requirements."

Saturday, June 8, 2024

You Can Create Award-Winning Art With AI. Can You Copyright It?; Bloomberg Law, June 5, 2024

Matthew S. Schwartz, Bloomberg Law; You Can Create Award-Winning Art With AI. Can You Copyright It?

"We delved into the controversy surrounding the use of copyrighted material in training AI systems in our first two episodes of this season. Now we shift our focus to the output. Who owns artwork created using artificial intelligence? Should our legal system redefine what constitutes authorship? Or, as AI promises to redefine how we create, will the government cling to historical notions of authorship?

Guests:

  • Jason M. Allen, founder of Art Incarnate
  • Sy Damle, partner in the copyright litigation group at Latham & Watkins
  • Shira Perlmutter, Register of Copyrights and director of the US Copyright Office"

Friday, January 26, 2024

The Sleepy Copyright Office in the Middle of a High-Stakes Clash Over A.I.; The New York Times, January 25, 2024

 Cecilia Kang, The New York Times; The Sleepy Copyright Office in the Middle of a High-Stakes Clash Over A.I.

"For decades, the Copyright Office has been a small and sleepy office within the Library of Congress. Each year, the agency’s 450 employees register roughly half a million copyrights, the ownership rights for creative works, based on a two-centuries-old law.

In recent months, however, the office has suddenly found itself in the spotlight. Lobbyists for Microsoft, Google, and the music and news industries have asked to meet with Shira Perlmutter, the register of copyrights, and her staff. Thousands of artists, musicians and tech executives have written to the agency, and hundreds have asked to speak at listening sessions hosted by the office.

The attention stems from a first-of-its-kind review of copyright law that the Copyright Office is conducting in the age of artificial intelligence. The technology — which feeds off creative content — has upended traditional norms around copyright, which gives owners of books, movies and music the exclusive ability to distribute and copy their works.

The agency plans to put out three reports this year revealing its position on copyright law in relation to A.I. The reports are set to be hugely consequential, weighing heavily in courts as well as with lawmakers and regulators."

Wednesday, January 4, 2023

Copyright Office Sets Sights on Artificial Intelligence in 2023; Bloomberg Law, December 29, 2022

Riddhi Setty, Bloomberg Law; Copyright Office Sets Sights on Artificial Intelligence in 2023

"The US Copyright Office over the next year will focus on addressing legal gray areas that surround copyright protections and artificial intelligence, amid increasing concerns that IP policy is lagging behind technology. 

“Developments are happening so quickly and so pervasively in so many different fields that I think in a way that is taking up most of the oxygen in the room these days,” Shira Perlmutter, register of copyrights and the office’s director, told Bloomberg Law in an interview."

Thursday, June 29, 2017

One Year On: Developments in the Protection of Trade Secrets; U.S. Patent and Trademark Office (USPTO), Director's Forum Blog, June 29, 2017

Director's Forum Blog

USPTO-footer-graphic
One Year On: Developments in the Protection of Trade Secrets
Guest blog by Chief Policy Officer and Director for International Affairs Shira Perlmutter
U.S. businesses own an estimated $5 trillion worth of trade secrets. Their theft, involving losses in the tens or possibly hundreds of billions of dollars a year, poses a serious threat to our nation’s economy. Because the protection of trade secrets — which by their nature are not patented or publicly disclosed — is critical to the commercial viability of many U.S. businesses, Congress passed the Defend Trade Secrets Act of 2016. The law provides trade secret owners with a federal civil cause of action, rather than limiting them to state laws or criminal enforcement.
Last month, one year after enactment of the law, the USPTO convened a public symposium on “Developments in Trade Secret Protection.” The event brought together nearly 200 participants, at the USPTO’s headquarters in Alexandria Virginia, and via live webcast to individuals and the USPTO’s four regional offices.
Shira Perlmutter at Trade Secrets Symposium
Shira Perlmutter at Trade Secrets Symposium
The symposium consisted of four panels focused on various aspects of trade secret protection. The first panel, of business economists, discussed recent trends, including how to estimate the value of trade secrets and calculate damage awards in litigation, and how calculating damages in trade secret cases differs from cases involving other forms of intellectual property.
The second panel, a group of attorneys, addressed the use of the Defend Trade Secrets Act in practice, including the provisions for ex parte seizure of stolen trade secrets. The third panel, with participants from academia, private practice, and the World Intellectual Property Organization, examined the differing ways in which other countries have implemented trade secret protection and identified the elements that make up an effective regime. The final panel brought together participants from private practice, the U.S. government, and U.S. Chamber of Commerce to role-play as a corporate legal team called on to consider enforcement options for dealing with a case of trade secret misappropriation occurring overseas.
The practical information exchanged at the symposium should help governments and trade secrets owners improve protection for this valuable form of intellectual property in the United States and abroad. In helping to take forward the federal government’s 2017–2019 Joint Strategic Plan on Intellectual Property Enforcement, the USPTO will continue its work to promote the adoption of effective systems of trade secret protection and enforcement around the world.Videos of all four sessions of the trade secret symposium are posted  to the Trade Secret Policypage of the USPTO website, as well as additional useful information about the protection of trade secrets.
Read more from the Director's Forum Blog
 
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