The tenth triennial proceeding allows stakeholders to seek renewals or new exemptions for bypassing technological measures that control access to protected works.
The US Copyright Office has initiated the tenth triennial rulemaking proceeding under the Digital Millennium Copyright Act (DMCA), section 1201 of Title 17. Under this provision, the librarian of congress, upon the recommendation of the register of copyrights, may adopt temporary exemptions to the prohibition against circumvention of technological measures that control access to copyright-protected works.
The triennial rulemaking identifies classes of works for which the anti-circumvention provision of the DMCA adversely affects, or is likely to adversely affect, the ability of users to make noninfringing uses over the next three years. The librarian of congress then issues a regulation exempting those classes from the prohibition for the following three-year period.
Streamlined Renewal Procedure
The US Copyright Office says it is using a streamlined procedure to renew exemptions granted during the ninth triennial rulemaking. Renewed exemptions remain in force for an additional three-year period, spanning from October 2027 to October 2030.
To seek the renewal of a current exemption, proponents must submit a petition form provided by the office. This petition allows proponents to identify themselves, the relevant exemption, and to make the sworn statements required by the US Copyright Office regarding the continuing need for and justification of the exemption. Written comments supporting or opposing a renewal petition may also be submitted.
Petitions for New Exemptions
New exemptions are required to engage in activities not currently permitted by existing exemptions. This includes activities that would require an expansion or modification of a current exemption or any change in regulatory language.
To seek a new exemption, petitioners must submit a petition form describing the nature of the activities they wish to engage in. Petitioners do not need to propose precise regulatory language or fully define the contours of an exemption class at this stage. According to the US Copyright Office, a short, plain statement of the activities is sufficient for the initial petition.
Petitions for the renewal of current DMCA exemptions and petitions proposing new exemptions are due Aug 24, 2026. Written comments in response to petitions for renewal are due Sept 28, 2026. Additional information regarding the proceeding is available in the notice of inquiry issued by the office.
ID 114299508 © Eugene Antoschenko | Dreamstime.com
