Copyright Office Planning Study on DMCA Section 1201 Exemptions Process, Other Issues

The Copyright Office said it's planning a study of implementation of Digital Millennium Copyright Act (DMCA) Section 1201, including the CO's triennial rulemaking process for granting exemptions to Section 1201's ban on circumvention of technological protection measures. The Library of Congress granted 10 CO-recommended exemptions to Section 1201 in October, prompting some stakeholders to renew their calls for Congress to place limits on what they believe is DMCA's expanding scope (see 1510270056). The CO is also doing a separate study on what provisions in existing U.S. copyright laws are implicated by the spread of software in everyday products and whether those laws affect innovation in the use of software in products (see 1512150050). The CO's planned study will also examine the existing permanent exemptions to Section 1201, the law's anti-trafficking provisions and other Section 1201-related consumer issues, the office said in a notice set to appear in Tuesday's Federal Register. The current triennial Section 1201 exemptions review process “is resource-intensive for both participants and the Office,” the CO said Monday. The office is considering adjusting the triennial process to allow for presumptive renewal of previously granted exemptions “when there is no meaningful opposition to renewal.” The requirement that previously granted exemptions be re-evaluated during each triennial process is “an area of particular concern" given that several of the exemptions granted in October were essentially the same as exemptions granted during the 2012 triennial review, the CO said. The office said it's seeking comment on its proposed study, including whether the office should consider other Section 1201 provisions in its review. Comments are due Feb. 25 and reply comments are due March 25. The CO said it also plans at least one public meeting to gather additional comments after the comment deadlines lapse.