Copyright Office to Study the DMCA’s Anti-Circumvention Proceedings

t seems the Copyright Office has one more gift to give before the end of the holiday season.   Tomorrow, the Federal Register will issue a Notice of Inquiry to assess the operation of section 1201 of the Digital Millennium Copyright Act,17 U.S.C. § 1201.  That provision prohibits the circumvention of technological measures designed to prevent unauthorized access to copyrighted works, and forbids people from trafficking in technologies designed to crack those measures. Section 1201 also contains a triennial rulemaking proceeding that permitted the Librarian of Congress to issue exemptions (on the Register’s recommendation) for certain classes of works if the proponents of that exemption could make an evidentiary showing that the presence of the circumvention ban was interfering with noninfringing uses.