The Copyright Office as a Legislative Agency

The panel will explore the consequences, if any, to a potential holding by the Supreme Court in Perlmutter v. Blanche that the Copyright Office is part of the Legislative — as opposed to the Executive – branch of the U.S. government. Panelists may discuss the history of the Copyright Office, and generally the scope of legislative agencies and their difference from executive agencies. We will consider both theoretical and practical points, including the impact on the Office’s staffing, rule-making, royalty-setting, and other authorities. While the litigation in question may conclude on other grounds, the panel will identify the potential implications if the Supreme Court were to affirm the holding of the D.C. Circuit.