The Copyright Office Rulemaking Under Digital Millennium Copyright Act

Copyright Office Requests Comments on Possible Adverse Effects of Prohibition on Circumvention Measures (PDF format)

The Copyright Office of the Library of Congress is announcing the commencement of its rulemaking proceeding in accordance with provisions of the Digital Millennium Copyright Act that provide that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works (17 U.S.C. 1201(a)(1)(c)). The purpose of this rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention. The Office’s notice of inquire requests written comments from all interested parties, including representatives of copyright owners, educational institutions, libraries and archives, scholars, researchers, and members of the public, in order to elicit evidence on whether noninfringing uses of certain classes of works are, or are likely to be, adversely affected by this prohibition on the circumvention of measures that control access to copyrighted works. Written comments proposing classes of works to be subject to the exemption are due by December 2, 2008. Comments in support of and in opposition to the proposals will be due in February 2009. Hearings will be held in spring 2009 at times and places to be an