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Copyright Office Seeks Public Comments on DMCA Anti-Circumvention Provisions
Practical Law Legal Update w-001-1172 (Approx. 3 pages)
Copyright Office Seeks Public Comments on DMCA Anti-Circumvention Provisions
by Practical Law Intellectual Property & Technology
| Published on 28 Dec 2015 • USA (National/Federal) |
The US Copyright Office is requesting public comments for a public study assessing section 1201 of the Copyright Act, which codified the provisions of the Digital Millennium Copyright Act (DMCA) prohibiting the circumvention of technological measures used to protect copyrighted works and the trafficking in anti-circumvention technology.
On December 22, 2015, the US Copyright Office issued a notice requesting public comments to assist in a public study assessing section 1201 of the Copyright Act, which codified the provisions of the Digital Millennium Copyright Act (DMCA) prohibiting the circumvention of technological measures used to protect copyrighted works and the trafficking in anti-circumvention technology (80 FR 81369-01) (17 U.S.C. §1201).
Specifically, the Copyright Office is seeking comments on:
- The role and effectiveness of the technological measures circumvention prohibition in section 1201(a).
- How section 1201 should accommodate interests outside of core copyright concerns, such as where circumvention of access controls protecting computer programs implicates issues of product interoperability or public safety.
- The rulemaking process concerning exemptions to the DMCA's circumvention prohibition, including:
- modifying the process to provide for presumptive renewal of previously granted exemptions;
- assessing the current legal requirements for exemption proponents; and
- suggestions to improve the rulemaking process.
- The anti-trafficking prohibitions, including:
- the role of the anti-trafficking provisions of sections 1201(a)(2) and 1201(b) in deterring copyright infringement; and
- whether to amend section 1201 to allow the adoption of anti-circumvention exemptions that can extend to exemptions to the anti-trafficking prohibitions.
- The permanent exemptions, including:
- whether the current permanent exemption categories are necessary, relevant and sufficient;
- their effect on the current state of reverse engineering, encryption research, and security testing;
- their effect on libraries, archives, and educational institutions; and
- whether to establish additional permanent exemption categories.
- Whether and how proposed amendments to section 1201 could implicate US trade and treaty obligations.
The Copyright Office must receive written comments by 11:59 p.m. Eastern Time on February 25, 2016 and written reply comments by 11:59 p.m. Eastern Time on March 25, 2016. Comments can be submitted on the Copyright Office website. The Copyright Office will announce one or more public meetings after it receives the written comments.