Every three years, NTIA makes recommendations to the Copyright Office in a process in which the Librarian of Congress determines exemptions to the anti-circumvention provision in the Digital Millennium Copyright Act. This provision prohibits the circumvention of technological measures that control access to copyrighted works.
This provision, while designed to deter copyright infringement, can also make it more difficult for Americans to engage in a variety of non-infringing activities, such as repairing machinery, conducting security research, and making media accessible for persons with disabilities.
The Copyright Office runs a rulemaking process to provide the public with an opportunity to propose and comment on possible exemptions. NTIA works diligently to analyze the record generated during this rulemaking and offer the Copyright Office recommendations that support the digital economy and the right to engage in non-infringing activities.
The Eighth Triennial Rulemaking was conducted against the backdrop of the COVID-19 pandemic. Participants noted the barriers faced by educators using videos in virtual classrooms, researchers who require access to works undergoing preservation at libraries, archives, and museums, and everyday Americans who want to repair their own products. In these and other situations, NTIA supported exemptions that maximized relief to Americans.