Copyright Office Solicits Comments on Proposed Exemptions in Rulemaking on Exemption from Prohibition on Circumvention of Technological Measures that Control Access to Works
Issue No. 357 - December 30, 2008

In its triennial rulemaking proceeding regarding possible exemption by the Librarian of Congress of certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works, the Copyright Office has received 19 proposals for classes of works to be subject to exemptions. The Office has now published a notice of proposed rulemaking announcing the proposed exemptions and seeks comments from members of the public who support or oppose any of the proposed exemptions. 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.

All comments proposing classes of works for exemption are available on the Copyright Office website at www.copyright.gov/1201/2008 and at the U.S. Copyright Office. Persons wishing to submit comments should carefully review the notice of proposed rulemaking published December 29, 2008, and available on the Copyright Office website at www.copyright.gov/fedreg/2008/73fr79425.pdf. Comments in support or in opposition to the classes proposed may be submitted during the 30-day period ending February 2, 2009. A comment form will be posted on the Copyright Office’s website on January 2, 2009, to facilitate the submission of electronic comments responsive to class or classes of works proposed for exemption. Electronic submissions are preferred and should be made through the Copyright Office website at www.copyright.gov/1201/comment-forms, which will be posted on January 2, 2009. See also 73 FR 58073, 58078 (October 2, 2008), available at www.copyright.gov/fedreg/2008/73fr58073.pdf, for file formats and other information about electronic and nonelectronic filing requirements. (Read further information.)