Intellectual Property Insights from Fishman Stewart
Newsletter – Volume 25, Issue 18
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Copyright Certificates Are Going Out… Naked!
If you recently got a copyright registration certificate in the mail and noticed it’s missing something kind of important—like a signature—you’re not imagining things.
The U.S. Copyright Office is currently issuing registration certificates that are completely bare of any signature, thanks to a leadership vacuum. In May 2025, President Trump abruptly fired Register of Copyrights Shira Perlmutter—just days after firing the Librarian of Congress, Carla Hayden. The Register of Copyrights is the head of the Copyright Office, which is a department within the Library of Congress (not the Executive Branch which is headed by the President). Perlmutter is suing, arguing the role can’t be terminated without Congressional say-so.
Currently, it is unclear who the “One True Register” is, since there are legal questions surrounding whether the President can fire the Register or appoint an acting Register under these circumstances, and if not whether internal succession policies pass the crown to someone else.
In the meantime, the Copyright Office is still processing applications—and sending out certificates in business casual attire with just the government seal, no name or signature, not even a printed one. This has lawyers and copyright owners wondering whether these certificates are valid.
According to the Copyright Act, a signature isn’t strictly required. However, it does require that the Register must determine registrability and register the copyright. If there is no “One True Register” at the Copyright Office, there is no one to fill that statutory requirement to make a determination—and without a Register, any registration issued now could be open to challenge.
Why does it matter? A valid registration is what gets you access to statutory damages and attorney’s fees in a copyright lawsuit. In many (if not most) cases, a valid registration must be granted before you can bring a lawsuit for copyright infringement. So, if your naked certificate is ever scrutinized in court, it could cause unnecessary headaches.
What to do:
– Keep your certificate—it’s still official (for now).
– You should be able to request a signed version later, once someone is actually in charge again.
Until then, your copyright is registered. It’s just… underdressed.
Kristyn Webb is an Associate at Fishman Stewart and advises clients on various aspects of intellectual property law including litigation of patent, trademark, trade secret, and copyright matters. Her practice also includes trademark and copyright registration and enforcement.
Fishman Stewart is proud to share that four firm partners have been named 2025 IP Stars by Managing IP. Co-founders Michael Fishman (Trademark Star) and Michael B. Stewart (Patent Star), along with partners John Guenther and Michelle Visser (both recognized as Patent Star and Trademark Star), are all repeat honorees. The firm also earned a Highly Recommended ranking for Trademarks and, for the first time, a Recommended ranking for Patent Prosecution. Congratulations to the 2025 honorees!
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