Ladas & Parry LLP

New DMCA Exemptions from Anti-Circumvention of Technological Access Measures

The Librarian of Congress has issued a new rule that became effective October 28, 2015, listing new exemptions to the Digital Millennium Copyright Act (“DMCA”) anti-circumvention provisions. The “DMCA”, as codified in section 1201 of title 17, makes it illegal to circumvent technological measures used to prevent unauthorized access to copyrighted works. However, this rule provides the classes of copyrighted works that are subject to a fair-use exemption. Every three years, the Librarian of Congress issues new rules on DMCA exemptions based on public comment, responses, and hearings to ensure that the law sufficiently considers changes in both technology and markets, as well as developments in the fair use doctrine. It is intended to ease the law in cases where people can show that it has had an adverse effect on their non-infringing use. The proponents have to reapply for an exemption putting forth evidentiary and legal bases for it because the law does not permit the Librarian to simply “renew” exemptions.

The subject matter of exempted classes adopted in the 2015 rulemaking is broad. The following categories/classes of works are exempt:

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