U.S. Copyright Office
Library of Congress
Comment Submission Form
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.

Submitter Information
  I have read the notice of inquiry and acknowledge that my attached submission will be posted on the Copyright Office website. (check box)
     


   

 

  State:
  Phone:
  Fax:
 
Submission Information
  Proposed class or
 
 
  in support of the exemption proposed above: (review requirements)
 
   
File Attachment
 

Comment submission:
Preferred format: text saved as PDF (.pdf). Other permissible formats: Microsoft Word Version 2007 or earlier (.doc or. docx), WordPerfect 12 or earlier (.wpd), rich text format (.rtf) or ASCII text (.txt). Written comments must follow the format described in the Notice of Inquiry. Please read details here.

Before submitting your comment attachment, verify that your comment attachment:

  • Includes the commenter's name;

  • Includes an identification of a particular class of works proposed for exemption on the comment attachment;

  • Numbers each particular class of works, if more than one class of works is being proposed for exemption;

  • Provides a summary of the argument for each class of works proposed for exemption; and

  • Provides particular factual support/legal argument for each class of works proposed for exemption explaining how the prohibition on circumvention of technological measures that protect "access" to copyrighted works is adversely affecting identifiable noninfringing uses of that class of works.

 
 
 

Clicking "submit" will file your claim with the U.S. Copyright Office. The next screen will display a printable page showing the complete information you entered. You will also receive an email copy of your submission.