Exemptions To Permit Circumvention of Access Controls on Copyrighted Works
Key claim: The Copyright Office is opening the latest DMCA rulemaking, planning to keep nearly all current permissions to bypass digital locks on copyrighted works and taking public comments on newly proposed exemptions.
Abstract
(Proposed Rule · Library of Congress, Copyright Office, Library of Congress) The United States Copyright Office is conducting the tenth triennial rulemaking proceeding under the Digital Millennium Copyright Act (“DMCA”), concerning temporary exemptions to the DMCA’s prohibition against circumvention of technological measures that control access to copyrighted works. Having carefully considered the petitions for new and renewal exemptions and comments received in response to the June 9, 2026 Notification of Inquiry, the Office announces the Register’s intention to recommend all but one of the existing exemptions for renewal, and initiates three rounds of public comment on newly proposed exemptions. Comments submitted may not exceed twenty-five pages per class, excluding documentary evidence.
Why this matters
The Section 1201 triennial is the main legal pressure valve for repair, security research, accessibility, education, and preservation uses of DRM-locked works — without an exemption, bypassing a digital lock is unlawful even for otherwise fair uses. Readopting existing permissions preserves current latitude for developers, researchers, and users, while the comment window is the primary venue to expand (or contest) new classes. Neutral framing: this is a routine rulemaking that largely continues the status quo rather than a policy shift.