The appointee of President Donald Trump has been dismissed from her post as director of the U.S. Copyright Office. This ruling has resulted in a firestorm of criticism from legal and tech experts alike. Perlmutter has led the Copyright Office since early 2020. In the months since, she has been attacked for her opposition to Elon Musk’s attempts, through OpenAI (another of his creations) and xAI, to incorporate copyrighted works into artificial intelligence models.
Recently, the U.S. Copyright Office put out a report that looked at copyright implications of artificial intelligence. Thus, the subsequent dismissal was quick to come. This report is the third chapter of a complete analysis on the topic. It addresses the big fear of what this means in terms of copyright infringement for using copyrighted works to train AI models. The Copyright Office stated, “Making commercial use of vast troves of copyrighted works to produce expressive content that competes with them in existing markets, especially where this is accomplished through illegal access, goes beyond established fair use boundaries.”
Perlmutter’s Opposition to Musk’s AI Training Plans
Perlmutter is even more vehemently opposed to Musk’s plans to mine copyrighted works for AI training. This position led to a firestorm of opposition from some members of the tech community. Musk’s recent actions have been interpreted as a favorably interpreted as an attack on access to intellectual property rights. Perlmutter advocated for caution, suggesting that “alternative approaches such as extended collective licensing should be considered to address any market failure,” indicating her support for protecting creators’ rights amid technological advancements.
In addition to her recent challenges with Musk’s initiatives, Perlmutter had expressed support for former Twitter CEO Jack Dorsey’s controversial call to “delete all IP law.” This unique position complicated her relationship with the aforementioned powerbrokers from the tech sector. At the same time, major intellectual property law debates continue to shift.
Trump’s Announcement of Perlmutter’s Firing
Perlmutter’s firing Trump trumpeted Perlmutter’s firing on his new social media platform, Truth Social. He didn’t disclose much information about why he plans to do that. The political ramifications of this decision are already surfacing, with Representative Joe Morelle stating, “Donald Trump’s termination of Register of Copyrights, Shira Perlmutter, is a brazen, unprecedented power grab with no legal basis.”
A wave of critics have claimed that the dismissal undermines the independence and integrity of the U.S. Copyright Office. This concern comes at a time when the intersection of copyright law and AI technology is under tremendous scrutiny. Mike Davis, a prominent commentator, linked the firing to a CBS News article critiquing Perlmutter’s leadership amid these ongoing debates.
We know that the landscape of copyright law is ever-changing. Stakeholders from every sector—from plaintiffs to academia to industry—should pay close attention to these developments to evaluate their effects on the future of AI training and intellectual property rights.
Author’s Opinion
Perlmutter’s dismissal raises serious concerns about the political influence on the independence of the U.S. Copyright Office, especially in the midst of growing debates over AI and intellectual property. Her firing, amid ongoing struggles with tech giants like Elon Musk, signals a broader effort to control the direction of copyright law, potentially undermining its integrity. The dismissal appears to be more about silencing opposition than addressing the legitimate challenges at the intersection of AI and copyright.
Featured image credit: Gage Skidmore via Flickr
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