What if splitting the Copyright Office from the Library of Congress doesn’t fix bureaucracy but unleashes a politicized mess on America’s IP system?
House leaders are gunning for it anyway. H.R. 6028, the Legislative Branch Agencies Clarification Act, hits markup tomorrow, March 18. No hearings. No debate. Just a fast-track push that has consumer groups, libraries, and open internet advocates up in arms.
Re:Create and allies fired off a letter to the House Administration Committee. They’re blunt.
“It would be a grave mistake to take such dramatic action outside of regular order.”
That’s not hyperbole. Since their first warning in December 2025, nothing’s changed—no committee scrutiny, no expert testimony. Yet here we are, barreling toward separation.
What Does H.R. 6028 Actually Do?
The bill rewires appointments across the legislative branch. Librarian of Congress? No longer a presidential pick with Senate confirmation. Instead, a bipartisan congressional commission chooses, removable only by majority and minority leaders from both chambers.
Same for the Government Publishing Office Director.
But the big shift targets the Register of Copyrights. Ditch Library oversight. Make it a standalone role: U.S. citizen with copyright expertise, appointed by President, confirmed by Senate, fixed 10-year term (reappointable). Sounds cleaner, right?
Not so fast. This comes amid chaos. Remember Shira Perlmutter’s lawsuit? Trump axed her—and Librarian Carla Hayden—in May. Perlmutter sued, claiming unlawful removal. A D.C. Circuit panel let her stay put while courts sort it. Supreme Court appeal? On ice.
Trump tapped DOJ’s Todd Blanche as acting Librarian. Perlmutter called it a separation-of-powers violation. Courts agreed—for now.
Why Fast-Track This Copyright Office Split Now?
Timing screams politics. Bill sponsor Rep. H. Morgan Griffith (R-VA) drops it right as Perlmutter’s fight rages. Is this a workaround to Trump’s firing woes? Or genuine reform?
Coalition letter nails it: No hearings since December. “It is no more ripe for swift passage now than it was then.” They fear a neutered registration system, biased policy advice. Library ties ensure stability—or so they argue.
Look. Copyright Office handles registrations, licenses, policy on everything from music streaming to AI training data. Detach it, and who watches the watchers? Congress? That’s a recipe for lobbyist heaven.
Data point: Copyright filings hit 800,000+ annually. Backlogs already strain the system. Independence might streamline—or invite gridlock if appointments turn partisan.
Here’s my take, the one you won’t find in the press release spin: This echoes the 1990s USPTO independence push. Seemed smart then—cut Library red tape. But it birthed a patent office drowning in fees and delays, now a $4B behemoth criticized for rubber-stamping junk patents. History whispers: Standalone agencies ossify without checks. Bold prediction? A solo Copyright Office politicizes AI copyright rulings just as generative models flood courts. Disney and Google lobby harder; indie creators get sidelined.
The Lawsuit Shadow Looming Large
Perlmutter’s battle isn’t abstract. Trump fires her May 11, after Hayden May 9. She charges presidential overreach—no temp replacement power, especially not a DOJ heavy like Blanche.
D.C. Circuit split: She stays. Appeal pending. H.R. 6028 sidesteps this? Maybe. But rushing it screams workaround, not wisdom.
Groups worry: Separation guts Library supervision, erodes “unbiased policy guidance.” Imagine copyright advice tinted by congressional whims—especially in an election year.
Short para. Bad idea.
Market dynamics shift too. Tech giants thrive on clear IP rules. Uncertainty? Stock dips. Remember Oracle v. Google? Years of fog cost billions. This bill injects more.
And libraries? They’re canaries. LOC oversees vast digital archives—copyright touches all. Split risks siloed fiefdoms, duplicated costs. Taxpayers foot it.
Rep. Griffith pitches clarification. But without hearings, it’s opaque. Who’s on that bipartisan commission? Leaders’ picks could stack it.
Hidden Risks for Creators and Tech
Drill down. Register’s new quals: Copyright background mandatory. Good—Perlmutter fits. But 10-year term? Locks in views during tech tsunamis like Web3, metaverses.
Unbiased guidance? Library buffer helps. Congress direct? Partisan ping-pong.
Data: Copyright Office advised on DMCA safe harbors, fair use—neutral-ish. Standalone? Echoes FCC net neutrality wars: Flip-flopping kills investment.
My sharp position: Doesn’t make sense. Fast-track reeks of settling scores, not strategy. Slow it. Hear experts. Or watch IP stability crumble.
Expansive thought: Broader, this tests legislative branch insulation. Founders wanted Congress free from executive meddling. But congressional control? Swaps one boss for 535 mini-bosses. Recipe for paralysis.
Tomorrow’s markup. Will they listen? Doubtful. But pressure mounts—eight groups now, not one.
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Frequently Asked Questions
What is H.R. 6028 and why the rush?
H.R. 6028 tweaks appointments for Librarian of Congress, GPO Director, and Copyright Register, separating the Office from LOC oversight. House pushes fast-track despite no hearings, amid ongoing lawsuits.
Why oppose splitting Copyright Office from Library of Congress?
Groups fear politicization, registration disruptions, biased policy—calling it a ‘grave mistake’ without regular order.
Will H.R. 6028 affect copyright policy on AI?
Likely yes—standalone Office risks congressional influence on hot issues like AI training data, delaying clear rules.
