Section 1201 Security Research Exemption

On October 26, 2018, based upon the recommendation of the Acting Register of Copyrights, the Librarian of Congress adopted exemptions to Section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits circumvention of technological measures that control access to copyrighted works. On behalf of its clients Ed Felten and Alex Halderman, and working together with the Center for Democracy and Technology, the TLPC helped secure a set of important changes to a pre-existing exemption for good-faith security research, expanding the ability for security researchers to legally test device and system software for cybersecurity vulnerabilities without violating the DMCA and risking criminal liability.

Important caveat: this post is intended only as general information and does not constitute legal advice. If readers wish to utilize the new exemptions granted by the Librarian, they should consult independent legal counsel before doing so.

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Section 1201 Exemption for Disability Services Professionals

In 2017-2018, the TLPC, including student attorneys Sophia Galleher and John Schoppert, represented the Association of Transcribers and Speech-to-Text Providers (ATSP) before the U.S. Copyright Office’s Seventh Triennial Section 1201 Proceeding in Washington, DC. in an effort to empower disability services professionals to circumvent technological protections measures (TPMs) to provide accessible captioned and described video to students with disabilities . To do so, the Clinic argued in comments and at the hearing that¬† accessibility purposes were quintessential fair uses and should be the subject of an exemption from liability under Section 1201 of the Digital Millennium Copyright Act.

In late October 2018, the Copyright Office issued its Recommendation and the Librarian of Congress implemented final rules shortly thereafter, largely granting ATSP’s request, as summarized below.

Important caveat: this post is intended only as general information and does not constitute legal advice. If readers wish to utilize the new exemptions granted by the Librarian, they should consult independent legal counsel before doing so.

Continue reading “Section 1201 Exemption for Disability Services Professionals”