Final Rule Published in Ninth Triennial Section 1201 Proceeding

The Librarian of Congress, upon the recommendation of the Register of Copyrights, is publishing a final rule in the Federal Register adopting exemptions to the statutory prohibition on circumvention of technological measures that control access to copyrighted works. Publication of the final rule marks the completion of the ninth triennial rulemaking proceeding under Title 17, section 1201, of the United States Code.

In this proceeding, the Register recommended adopting over two dozen proposed exemptions, as discussed in her formal Recommendation to the Librarian. The Librarian adopted the Register’s Recommendation in full.

As in prior section 1201 proceedings, the Copyright Office administered the rulemaking through an extensive public process. The Office received eleven petitions seeking new exemptions or expansion of existing exemptions, as well as thirty-seven petitions seeking renewal of exemptions adopted in prior rulemakings. The Office invited public feedback through multiple rounds of written comments and three days of public hearings. It also held ex parte meetings regarding three of the proposed exemptions and issued written follow-up questions regarding two of the proposed exemptions.

For this proceeding, the Office again employed a streamlined procedure that allowed members of the public to seek renewal of existing exemptions to which there was no meaningful opposition. The Register received petitions to renew all but one of the exemptions adopted in the eighth triennial rulemaking. After considering the renewal petitions and comments submitted in response, the Register recommended renewing all exemptions for which petitions were filed.

In addition to the petitions to renew existing exemptions, the Office considered petitions for expanded or new exemptions, which it organized into seven classes. Based on the legal standards and evidentiary record, the Register recommended granting proposed exemptions, in whole or in part, in three of the seven classes.

As required by statute, the Office also consulted with the National Telecommunications and Information Administration of the Department of Commerce during the proceeding. The Register’s Recommendation reflects the complete record of public input, consultation, and legal analysis.

The final rule, Register’s Recommendation, record materials in this proceeding, and general information about the section 1201 rulemaking process are available on the Copyright Office website.

For media inquiries, please contact the Copyright Office at [email protected].