Stakeholders Enjoy Streamlined Exemption Renewal Process During Seventh DMCA 1201 Rulemaking

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:

1. the availability for use of copyrighted works;
2. the availability for use of works for nonprofit archival, preservation, and educational purposes;