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An assistant from the Congress Familier with the situation told Wired that Blanche, Perkins, Nieves did not show up at work “because they have no job to present.” The assistant continued: “As we have always maintained, the president does not have the power to appoint them. Robert Newlen has always been the acting librarian in the congress. ”
If discussions occur, they remain out of the public. But Perlmutter openly has members of the Congress on its side. “The president does not have the power to remove the copyright register. This power lies only to the congress librarian.
In the meantime, the copyright office is in the strange position to try to continue as if he did not miss his head. Immediately after the dismissal of Perlmutter, the Copyright Office took a break by issuing registration certificates “by abundance of caution”, according to USCO spokesperson, Lisa Berardi Marflak, who declared that the break had an impact on around 20,000 registrations. He resumed activities on May 29, but he now sends recording certificates with an empty place where the signature of Perlmutter would normally be.
This unusual change has Guest discussion Among copyright experts to find out if registrations are now more Vulnerable to legal challenges. The Copyright Office argues that they are valid: “There is no requirement that the signature of the register must appear on the registration certificates”, explains Berardi Marflak.
In a motion linked to the Perlmutter trial, however, it alleged The fact that sending inscriptions without signature opens them to “challenges in disputes”, which underlined experts in copyright. “It is true that the law does not explicitly require signature,” said lawyer for IP Rachael Dickson. “However, the law really says explicitly that it is the decisive copyright register if the material submitted to the request is an author subject.”
Without an acting person as a register, Dickson thinks that it would be reasonable to argue that legal requirements are not met. “If you remove them completely from the equation, you have a very big problem,” she said. “The litigants who try to challenge the validity of a copyright registration will jump on it.”
The lawyers of Perlmutter argued that the exit from the copyright office without an active boss will cause dysfunction beyond the question of the registration certificate, because the register makes a variety of tasks, to advise the Congress on copyright to retraction organizations such as the mechanical license collective, the United States, the United States. Given that MLC certification is underway, Perlmutter would normally move forward with the rectification of the organization; As his trial notes, at the moment, the recertification process is not going ahead.
The MLC may not be as touched by the absence of perlmutter as the complaint suggests. A source close to the MLC told Wired that the organization must actually be receded, but that the law does not require that the rectification process is completed within a specific time, it can therefore continue to operate as usual.
