Section 1201 rulemaking Archives - IPWatchdog.com | Patents & Intellectual Property Law

Copyright Office Section 1201 NPRM Includes Petitions for New Exemptions on Generative AI Bias Research, Right to Repair

Last week, the U.S. Copyright Office issued a notice of proposed rulemaking (NRPM) in the Federal Register as part of the triennial rulemaking process for exceptions to 17 U.S.C. § 1201’s prohibition against circumventing technological protection measures (TPMs) controlling digital access to copyrighted works. This proceeding is the ninth triennial Section 1201 rulemaking since passage of the Digital Millennium Copyright Act (DMCA) in 1998, and it starts with the Copyright Office intending to recommend renewal of all but one existing exemption. The Office also announced that it has received petitions for seven classes of newly proposed exemptions for which the agency will initiate three rounds of public comments.

Steve Brachmann

October 23, 2023

The Right to Repair of Medical Equipment is Not an IP Issue

How does it make any sense that fixing something, which you bought and paid for, is a violation of the manufacturer’s copyright? It’s not, and here’s why. Fixing things is legal under multiple sections of Copyright Law. Repair doesn’t modify books, music, videos or licensed software, so it’s absurd that copyright law is even being used to restrict repair.

Gay Gordon-Byrne

January 24, 2022

Copyright Office Begins Period of Petitioning for Exemptions to Section 1201 of the DMCA

On June 22, the U.S. Copyright Office published a request for petitions in the Federal Register, which officially kicked off the eighth triennial rulemaking process for temporary exemptions to Section 1201 of the Digital Millennium Copyright Act (DMCA). While Section 1201 generally prohibits the circumvention of technological protection measures (TPMs), which copyright owners use to prevent unauthorized access to and copying of protected works, the law instructs the Copyright Office to grant temporary exemptions every three years allowing for the circumvention of TPMs against unauthorized access in specific circumstances.

Steve Brachmann

June 29, 2020