Section 1201 Exemptions to Prohibition Against Circumvention of Technological Measures Protecting Copyrighted Works
Eighth Triennial Section 1201 Proceeding, 2021
The Digital Millennium Copyright Act (DMCA), codified in part in Title 17, section 1201, of the United States Code, generally makes it unlawful to circumvent technological measures used to prevent unauthorized access to copyrighted works, including copyrighted books, movies, videos, video games, and computer software. Section 1201, however, also directs the Librarian of Congress, upon the recommendation of the Register of Copyrights following a rulemaking proceeding, to determine whether the prohibition on circumvention is having, or is likely to have, an adverse effect on users’ ability to make noninfringing uses of particular classes of copyrighted works. Upon such a determination, the Librarian may adopt limited temporary exemptions waiving the general prohibition against circumvention for such users for the ensuing three-year period.
The Copyright Office has concluded the eighth triennial rulemaking proceeding pursuant to Title 17, section 1201, of the United States Code. This page contains links to the Register's Recommendation, the final rule announcing the exemptions; and the recommendation letter submitted by the National Telecommunications and Information Administration of the Department of Commerce. The right-hand side of this page also provides links to the record materials in this proceeding, including the petitions for exemptions, written public comments, transcripts and video recordings of the public hearings, and post-hearing materials.
Additional background information and resources regarding section 1201, including video tutorials, the Office’s recent policy study on section 1201, and links to prior rulemaking proceedings, are available here.
- October 28, 2021 – Final Rule
- Register's Recommendation
- NTIA Letter
- October 15, 2020 – Notice of Proposed Rulemaking
- June 22, 2020 – Notice of Inquiry and Request for Petitions
- March 10, 2021 - Round 3 Comments on Notice of Proposed Rulemaking (Reply Comments)
- February 9, 2021 - Round 2 Comments on Notice of Proposed Rulemaking (Opposition Comments)
- December 14, 2020 - Round 1 Comments on Notice of Proposed Rulemaking
- September 8, 2020 - Petitions for Newly Proposed Exemptions
- July 22, 2020 - Petitions to Renew Current Exemptions
- All public comments as available on regulations.gov
- Post-Hearing Questions
- Hearing Transcripts
- Hearing Agenda
- February 8, 2021 – Notice of Public Hearings
- April 5-21, 2021 – Video Recordings