Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works

On October 27, 2000, the Librarian of Congress, on the recommendation of the Register of Copyrights, announced the classes of works subject to the exemption from the prohibition on circumvention of technological measures that control access to copyrighted works. The two classes of works are:

These exemptions are in effect from October 28, 2000, to October 28, 2003.

Background

The Digital Millennium Copyright Act, Public Law 105-304 (1998), added a new Chapter 12 to title 17 United States Code, which among other things prohibits circumvention of access control technologies employed by copyright owners to protect their works.  Specifically, section 1201 provides that "No person shall circumvent a technological measure that effectively controls access to a work protected under this title."  This prohibition on circumvention became effective on October 28, 2000. Prior to that date, the Copyright Office conducted a rulemaking proceeding in which the Register of Copyrights recommended, and the Librarian of Congress determined, whether there were particular classes of copyrighted works that should be exempted from the prohibition because persons who are users of those classes of works "are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of the prohibition in their ability to make noninfringing uses of that particular class of works under this title." 

The Copyright Office first sought written and reply comments from interested parties in order to elicit information and views on whether noninfringing uses of certain classes of works are, or are likely to be, adversely affected by the prohibition against circumvention of access control technologies.  Information on comment submission is contained in the November 24, 1999, notice of inquiry published in the Federal Register.  Further background on this rulemaking may also be found in the notice of inquiry.

Following receipt of initial and reply comments, the Office conducted public hearings at which interested persons presented relevant information and views.  Following the public hearings, the Office accepted post-hearing written comments addressing points made at the hearings.  After consulting with the Assistant Secretary for Communications and Information of the Department of Commerce, the Register of Copyrights has made her recommendation to the Librarian of Congress, who has accepted the Register's recommendation and determined that from October 28, 2000, to October 28, 2003, two classes of work shall be subject to the exemption from the prohibition on circumvention of technological measures that control access to copyrighted works. The two classes are:

Compilations consisting of lists of websites blocked by filtering software applications; and

Literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access because of malfunction, damage or obsolescence.

Important dates