EDUCAUSE Comments: DMCA Anti-Circumvention Exemptions
- Author(s) and Contributors:
-
- Source(s) and Collection(s):
-
Sources(s): EDUCAUSE Policy Office
- ParentTopics:
Abstract
Just before the end of 2015, the U.S. Copyright Office released a notice of inquiry seeking comments for its “triennial rulemaking process established under the DMCA [Digital Millennium Copyright Act] to adopt exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works.” The DMCA’s anti-circumvention provisions are set forth in section 1201 of the Copyright Act. Along with the American Council on Education (ACE) and the Association of Public and Land-Grant Universities (APLU), EDUCAUSE joined comments led by the Association of American Universities (AAU) that urge the Copyright Office to:
-
Attach section 1201 liability to circumvention only where that act of circumvention results in infringement of the underlying copyrighted work(s).
-
Expand the rulemaking process to apply to sections 1201(a)(2) and 1201(b) in order to allow beneficiaries of exemptions to acquire the tools to utilize those exemptions.
-
Create a regulatory presumption for existing section 1201 exemptions, whereby the burden is shifted to those opposed to renewal of a previously granted exemption.
-
Create an “equitable rule of reason” framework wherein previously granted exemptions are treated as illustrations of the types of uses permitted.
-
At a minimum, draft broader and simpler exemptions that are easier for the public to interpret and apply.