Statement of the Librarian of Congress Relating to Section 1201 Rulemaking
In accordance with section 1201(a)(1) of the copyright law, I am today issuing
a final rule that sets out four classes of works that will be subject to exemptions
for the next three years from the statute's prohibition against circumvention of
technology that effectively controls access to a copyrighted work. This is the second
time that I have issued such a rule, which the Digital Millennium Copyright Act
(DMCA) requires that I do every three years. These exemptions expire after three
years, unless proponents prove their case once again.
As required by the DMCA, the Register of Copyrights has conducted a rulemaking and
made a recommendation to me on this matter. I have accepted the Register's recommendation
and determined that for the next three years, persons who engage in noninfringing
uses of copyrighted works in these four classes will not be subject to the statutory
prohibition against circumvention of access controls.
It is important to understand the purposes of this rulemaking, as stated in the
law, and the role I have in it. The rulemaking is not a broad evaluation of the
successes or failures of the DMCA. The purpose of the proceeding is to determine
whether current technologies that control access to copyrighted works are diminishing
the ability of individuals to use works in lawful, noninfringing ways. The DMCA
does not forbid the act of circumventing copy controls, and therefore this rulemaking
proceeding is not about technologies that control copying. Some of the people who
participated in the rulemaking did not understand that and made proposals based
on their dissatisfaction with copy controls. Other participants sought exemptions
that would permit them to circumvent access controls on all works when they are
engaging in particular noninfringing uses of those works. The law does not give
me that power. The focus in this rulemaking is on whether people have been adversely
affected by access controls in th ir ability to make noninfringing uses of particular
classes of copyrighted works. Congress has directed me to exempt particular classes
of works if the case has been made that such an adverse impact exists or will exist
in the next three years. These exemption are in place for only three years, but
may be renewed if a case has been made that they are needed.
As Congress intended, this rulemaking has considered a wide range of possible adverse
impacts. There was broad public participation in this rulemaking. Fifty-one individuals
or organizations proposed one or more classes of works for exemption, and 338 commented
on those proposals. The Copyright Office conducted six days of public hearings in
April and May: four in Washington and two in Los Angeles, California. Transcripts
of the hearings and copies of all the comments and reply comments and other information
received by the Copyright Office were posted promptly on the Office's official website
to ensure that the process was as open as possible.
The Register of Copyrights and her staff have conducted a careful and extensive
evaluation of the entire record in the proceeding and determined that proponents
of exemptions have demonstrated that the prohibition on circumventing access controls
has had a substantial adverse effect on the ability of people to make noninfringing
uses of four particular classes of copyrighted works. The Register has given me
her analysis and recommendation, and today I have signed a document providing that
persons making noninfringing uses of these four classes of works will not be subject
to the prohibition against circumventing access controls during the next three years.
The four classes of works are: