December 11, 2018
Authored and Edited by Samuel V. Eichner; Margaret A. Esquenet
On October 26, 2018, the Library of Congress adopted exemptions to the prohibitions in 17 U.S.C. § 1201(a)(1)(A), which prohibits circumvention of technological measures that control access to copyrighted works. Such exemptions are intended to address situations where the access controls in § 1201(a)(1)(A) impair certain individuals’ ability to make noninfringing uses of copyrighted works. Specifically, § 1201(a)(1)(C) requires the Library of Congress, upon recommendation of the Office, to examine and adopt exemptions based on the following factors:
In response to stakeholder concerns, the Office employed a streamlined exemption renewal process, no longer requiring stakeholders to develop a new factual record for pre-existing exemptions every three years. Instead, the Office will now consider evidence submitted in prior rulemakings, supported by contemporaneous signed declarations that such evidence remains relevant and valid. If there is meaningful opposition to a renewal, the Office will notice written comment and public hearing to update the administrative record on the proposed exemptions.
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