Copyright Office Requests Comment on Classes of Works Whose Users Are Likely to be Adversely Affected Due to Prohibition on Circumvention

The Copyright Office is preparing to conduct proceedings in accordance with provisions of the Digital Millennium Copyright Act under which the Librarian of Congress, upon the recommendation of the Register of Copyrights, 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.

The notice requests written comments from all interested parties, including libraries and archives, scholars, researchers, and members of the public, to elicit evidence on whether noninfringing uses of certain classes of works are, or are likely to be, adversely affected by this prohibition on the circumvention of measures that control access to copyrighted works. Initial written comments will be submitted on a form placed on the Copyright Office website and will be accepted for a period of 30 days from November 2, 2011, through December 1, 2011, at 5:00 p.m. eastern standard time. The deadline for the second round of comments will be announced in a notice of proposed rulemaking to be published in December 2011. This second deadline will be no later than February 15, 2012. A separate notice on dates and locations of hearings will be published later in the Federal Register and on the Copyright Office website.(Read document.)