Ex Parte Communications


Guidelines

The Copyright Office will permit participants in this proceeding to request informal meetings with the Office to discuss specific issues raised in the written comments and/or public hearings. To ensure that such communications are governed by transparent and consistent procedures, such communications will be subject to the following guidelines:


  1. Any participant seeking an ex parte meeting with the Office in this proceeding should submit a written request to Mark Gray at [email protected] and Rachel Counts at [email protected]. The request should identify (1) the class(es) to which the requested meeting pertains, (2) the names of all proposed attendees, and (3) the party or parties on whose behalf each attendee is appearing.
  2. Ex parte meetings with the Office are intended to provide an opportunity for participants to clarify evidence and/or arguments made in prior written submissions or public hearing statements, and to respond to questions from the Office on those matters. The Office will not consider or accept new documentary materials outside the rulemaking record.
  3. Within two business days after the meeting, the attendees must email the Office (using the above email addresses) a letter detailing the information identified in paragraph 1 and summarizing the discussion at the meeting. The letter must summarize the substance of the views expressed and arguments made in such a way that a non-participating party will understand the scope of issues discussed; merely listing the subjects discussed or providing a 1–2 sentence description will not be sufficient. These letters will be made publicly available on the Copyright Office’s website.
  4. To ensure compliance with the statutory deadline, all ex parte meetings in this proceeding must take place no later than Friday, August 13, 2021. The Office will not consider requests to hold meetings after that date.

Ex Parte Letters


Class 1: Audiovisual Works—Comment and Criticism


Classes 1, 3, and 7(a) Ex Parte Letter – DVD CCA and AACS LA


Classes 1 and 5 Ex Parte Letter – Motion Picture Association, Inc.

Class 3: Audiovisual Works—Accessibility


Class 3 Ex Parte Letter – Accessibility Petitioners

Classes 1, 3, and 7(a) Ex Parte Letter – DVD CCA and AACS LA

Class 5: Audiovisual Works Preservation


Class 5 Ex Parte Letter – Library Copyright Alliance


Classes 1 and 5 Ex Parte Letter – Motion Picture Association, Inc.

Class 7: 7(a) Motion Pictures—Text and Data Mining and 7(b) Literary Works—Text and Data Mining
7(a) Motion Picture—Text and Data Mining


Classes 7(a) and 7(b) Ex Parte Letter – Association of American Publishers and Motion Picture Association, Inc.

Classes 7(a) and 7(b) Ex Parte Letter – Authors Alliance

Classes 1, 3, and 7(a) Ex Parte Letter – DVD CCA and AACS LA

Class 8: Literary Works—Accessibility


Classes 8 and 17 Ex Parte Letter – Accessibility Petitioners

Class 11: Computer Programs—Jailbreaking


Classes 11 and 12 Ex Parte Letter – Electronic Frontier Foundation

Class 12: Computer Programs – Repair


Class 12 Ex Parte Letter – American Farm Bureau Federation

Classes 11 and 12 Ex Parte Letter – Electronic Frontier Foundation

Class 12 Ex Parte Letter – Entertainment Software Association

Class 12 Ex Parte Letter – iFixit

Class 13: Computer Programs – Security Research


Class 13 Ex Parte Letter – Rapid7 and J. Alex Halderman

Class 14: 14(a) Computer Program—Preservation and 14(b) Video Games—Preservation


Class 14 Ex Parte Letter – Software Preservation Network and Library Copyright Alliance

Class 17: All Works—Accessibility Uses


Classes 8 and 17 Ex Parte Letter – Accessibility Petitioners