Copyright Office Opens New Triennial Process for Granting DMCA Section 1201 Exemptions

The Copyright Office opened up a new round of its triennial rulemaking process for granting exemptions to the Digital Millennium Copyright Act's Section 1201 rules barring circumvention of technological protection mechanisms. The Library of Congress granted 10 Section 1201 exemptions in 2015 (see 1510270056 and 1510280071). The CO subsequently studied whether to recommend Congress amend Section 1201 but ultimately recommended only some changes aimed at improving the rulemaking process and allowing for the creation of additional permanent exemptions (see 1601050055, 1611010059 and 1706220014). The CO said Friday it will use a “new, streamlined procedure” for considering renewals of exemptions granted during the last rulemaking proceeding, with renewed exemptions allowed to remain in force through October 2021. Petitions for exemption renewals are due July 31, while petitions for new exemptions are due Sept. 13, the CO said in a Federal Register notice. Comments on renewal petitions are due Sept. 13, the office said.