Rulemaking on Anticircumvention

Overview
The Digital Millennium Copyright Act added a new Chapter 12 to title 17 United States Code, which among other things prohibits circumvention of access control technologies employed by copyright owners to protect their works. Specifically, section 1201 provides that

"No person shall circumvent a technological measure that effectively controls access to a work protected under this title."

This prohibition on circumvention became effective on October 28, 2000. Prior to that date, the Copyright Office conducted a rulemaking proceeding in which the Register of Copyrights recommended, and the Librarian of Congress determined, whether there were particular classes of copyrighted works that should be exempted from the prohibition because persons who are users of those classes of works

"are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of the prohibition in their ability to make noninfringing uses of that particular class of works under this title."

Every three years thereafter, the Copyright Office has conducted rulemaking proceedings in which the Register of Copyrights has recommended, and the Librarian of Congress has determined, which classes of copyrighted works should be exempted from the prohibition for the succeeding three year period.

These documents set forth the results of those proceedings.