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![]() Comment Submission Form ![]() |
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The Copyright Office is conducting a rulemaking proceeding mandated by the Digital Millennium Copyright Act, which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. 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 of measures that protect access.The scope of this rulemaking does not include technological measures that prevent “copying” or that protect other section 106 rights of the copyright owner. Nothing in Section 1201 prohibits the conduct of circumventing “copy” protection measures. While the activity following the circumvention of copy protection measures may or may not be actionable under traditional copyright infringement principles, all of the traditional limitations on the copyright owners exclusive rights, e.g., fair use, etc., would be available. The prohibition on circumvention contained in section 1201(a)(1) is limited to prohibiting the circumvention of technological measures that protect “access” to copyrighted works. Similarly, the scope of this rulemaking is limited, by statute, to the examination of evidence of any past, present, or likely future adverse effects of the prohibition on circumvention of measures that protect “access” to copyrighted works, e.g., passwords, encryption, etc.
The deadline for electronic submissions is 5:00 P.M. E.S.T Tuesday, Dec. 2. Commenters are strongly encouraged to submit comments well in advance of the deadline to allow sufficient time to correct any format defects and resubmit comments before the deadline.
Submissions must follow the format detailed in the notice of inquiry. Please review these requirements carefully to ensure your submission will be accepted.
Fill out all sections below. Required information is indicated in bold type.