Librarian of Congress Adopts New Exemptions Under Section 1201 of the DMCA

Section 1201 of the Digital Millennium Copyright Act (“DMCA”) generally makes it unlawful to circumvent technological measures used to prevent unauthorized access to copyrighted works, including copyrighted books, movies, videos, video games, and computer software. Effective October 28, 2024, the Librarian of Congress adopted new exemptions to this statutory prohibition on circumvention. The Librarian issued her rule based on the recommendations of the Register of Copyrights, which were adopted in full.

The Register received 11 petitions seeking new exemptions or expansion of existing exemptions, as well as 37 petitions seeking renewal of exemptions adopted in prior rulemakings. The Register recommended renewal of all exemptions adopted in the previous section 1201 rulemaking, where renewal petitions were filed. For new exemption requests and requests to expand exemption classes from previous rulemakings, the Register organized the petitions into seven exemption classes. Based on the legal standards and evidentiary record, the Register recommended granting proposed exemptions, in whole or in part, in three of the seven classes.

The new exemptions will remain in effect until October 28, 2027.

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