U.S. Copyright Office Issues Notice of Proposed Rulemaking in the Tenth Triennial Proceeding Under Section 1201

The Copyright Office has published a notice of proposed rulemaking in the tenth triennial proceeding under section 1201 of Title 17. Section 1201 generally makes it unlawful to circumvent technological measures used by copyright owners to prevent unauthorized access to their works. Through the triennial rulemaking, the Librarian of Congress may, upon the recommendation of the Register of Copyrights, temporarily exempt certain classes of works from the statutory prohibition.

The Office again conducted a streamlined procedure to allow members of the public to request renewal of exemptions that were granted in the last proceeding. Based on the renewal petitions, the Register intends to recommend readoption of all existing exemptions but one, which was meaningfully opposed and will therefore be treated as a new exemption petition.

In addition, the notice outlines ten newly proposed classes of exemption, including the meaningfully opposed renewal petition, and initiates three rounds of public comment on those proposed classes. Comments from proponents and those supporting adoption of a proposed new exemption, as well as comments that neither support nor oppose an exemption, are due December 7, 2026. Comments in opposition are due February 22, 2027. Reply comments from supporters of a proposed exemption and parties who neither support nor oppose an exemption are due March 22, 2027.

Additional background information about section 1201 is available on the Rulemaking Proceedings Under Section 1201 of Title 17 webpage, which contains helpful resources, such as informational guides, the Office’s policy study on section 1201, and links to prior rulemaking proceedings.