Shira Perlmutter

The E. Barrett Prettyman Federal Courthouse, where the lawsuit filed by former USCO head Shira Perlmutter is unfolding. Photo Credit: Toohool

A federal judge has rejected a request from Shira Perlmutter for a restraining order against the Trump administration. But the fired Register of Copyrights could be preparing to push for a separate preliminary injunction.

Both developments came to light in docket updates following a related in-person hearing. Per one of the updates, Judge Timothy Kelly denied Perlmutter’s sought temporary restraining order; among different things, the former Copyright Office head is looking to be restored to the post, we previously noted.

However, if Shira Perlmutter intends to seek the aforementioned preliminary injunction, the parties should “meet, confer, and submit a joint proposed briefing schedule,” the court also ordered.

This briefing-schedule order has a 2 PM PST deadline today, but at the time of writing, the appropriate document hadn’t made its way into the docket. In other words, the dispute appears poised for additional deliberation from here.

And while it probably goes without saying, it’ll be worth closely tracking the challenge moving forward. As broken down in detail by DMN Pro, evidence (including the Supreme Court decision allowing the removal of National Labor Relations Board Chair Gwynne Wilcox) suggests that reinstatement might be unlikely for Perlmutter.

Nevertheless, it isn’t outside the realm of possibility, and high-stakes Copyright Office questions are unanswered in any event.

First, the precise views of the current acting appointees – including Deputy AG Todd Blanche at the helm of the overarching Library of Congress – remain to be seen. Though there’s quite a lot to consider in this department, most of the recent framing has concerned the government’s stance on AI.

Probably not coincidentally, Perlmutter’s dismissal arrived on the heels of a Copyright Office report pertaining to artificial intelligence training. But as DMN has noted, if their prior comments are any indication, the acting Library and Copyright Office appointees aren’t exactly Big Tech proponents.

Thus, it’ll be interesting to monitor their approach to ever-pressing questions at the intersection of AI and IP. Also far from set in stone is whether they’ll stay aboard for the foreseeable future or make way for permanent replacements.

Of course, another Copyright Office overhaul would bring with it a fresh collection of considerations for a variety of sectors, chief among them the music industry.