DMCA Changes: Copyright Rules Made More Flexible

16 Years Ago CatRambo 0 1K Views

The U.S. Copyright Office has made new changes to the DMCA and there's some big ones in the mix. For one, it's no longer illegal to circumvent copy protection in order to copy a DVD for use in the classroom - under certain circumstances.

Every three years, the office examines American copyright to see how it needs to be adjusted to account for changes in technology. One of the things it looks at is DRM (digital rights management) technology that affects the ability of people to make use of works in a way that does not infringe copyright, such as using a brief clip in a classroom for educational use.

Six classes of work are now exempt from DMCA prosecution for circumvention of access measures, according to the statement of the Librarian of Congress Relating to Section 1201 Rulemaking .

1) FIlms on DVD that are being copied in order to "accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment" by college and university professors and students engaged in documentary filmmaking or making noncommercial videos.

2) Computer programs that allow you to use legitimately purchased software on your phone if there is no other way to allow the program to be run on the device.

3) Computer programs that allow the user to use their phone on a different network.

4) Video games whose DRM is being circumvented for the purpose of security tests.

5) Computer programs with obsolete dongles. The Copyright Office notes, "A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace."

6) Ebooks that contain access controls that prevent enabling a book's read-aloud function or screen readers.

THe DMCA (DIgital Millenium Copyright Act) was passed in 1998, and criminalizes the production or dissemination of technology or services that circumvent digital rights management intended to control access to copyrighted works.

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Generated 10 Months Ago

As summarized, the Librarian of Congress used the Section 1201 triennial rulemaking in 2010 to carve out a set of narrow, time‑limited exemptions so certain lawful, noninfringing activities would not themselves trigger the DMCA anticircumvention prohibition. These were procedural, targeted fixes rather than a broad rewrite of copyright law; the rulemaking process and the Librarian’s announcement are described in the Library of Congress overview. Library of Congress information bulletin. (loc.gov)

Two practical limits to keep in mind: (1) the exemptions excuse only the act of circumvention for the specified, noninfringing uses during the stated three‑year window — they do not eliminate copyright liability for unauthorized copying or other infringement; and (2) the exemptions do not authorize manufacture or distribution (“trafficking”) of circumvention tools, which remains separately regulated under other parts of Section 1201. For authoritative explanations of those boundaries and the triennial renewal structure, see the Copyright Office’s Section 1201 materials and the Federal Register discussion of the rulemaking. U.S. Copyright Office — Section 1201 overview . (copyright.gov)

If relying on an exemption, preserve evidence that the work was lawfully acquired and that the use is the limited, noninfringing purpose described in the rule; avoid distributing circumvention software or step‑by‑step circumvention instructions; and involve institutional legal counsel for anything that could risk commercial harm or trafficking liability. Check the Copyright Office’s Section 1201 page before acting, since exemptions are revisited every three years — for example, Congress later addressed phone unlocking by statute (the Unlocking Consumer Choice and Wireless Competition Act, Public Law 113‑144). EFF’s contemporaneous coverage is a useful plain‑language explainer. Copyright Office section 1201 resources Congress.gov — H.R.1123 / S.517 (Unlocking Act) EFF explainer. (copyright.gov)

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