Copyright Office Debates Who Gets to Pick Digital Locks
Published Date: 10/28/2026
Proposed Rule
Summary
The U.S. Copyright Office is updating rules that let people bypass digital locks on copyrighted stuff for certain reasons. Most current exceptions will stay, but one will go away, and new ones are up for debate. If you care about this, you’ve got until early 2027 to share your thoughts—no fees, just your voice!
Analyzed Economic Effects
11 provisions identified: 10 benefits, 1 costs, 0 mixed.
Disability Services Keep Captioning/Audio Exemption
The Register intends to recommend renewing the exemption that permits disability services offices at educational institutions to circumvent access controls to provide captioning and audio description for students, faculty, or staff with disabilities for the next triennial period (3 years). Petitioners say disability services continue to use the exemption to create equitable educational experiences.
Documentary Filmmakers Keep Exemption
The Register intends to recommend renewing the exemption that lets documentary and similar filmmakers circumvent digital locks to use motion picture material for criticism, comment, parody, or biographical/historic purposes for the next triennial period (3 years). This keeps in place the legal ability filmmakers reported they currently rely on to access high-fidelity material protected by technological protection measures.
College/K-12 Educators Keep Exemption
The Register intends to recommend renewing the exemption that allows college, university, and K-12 faculty, students, and educators to circumvent access controls to use motion picture excerpts for educational purposes for the next triennial period (3 years). Petitioners described ongoing classroom uses such as video essays and close analysis that rely on the exemption.
MOOCs Continue to Use Film Excerpts
The Register intends to recommend renewing the exemption that permits the use of motion picture excerpts in Massive Open Online Courses (MOOCs) for the next triennial period (3 years). Petitioners say instructors continue to rely on this exemption to develop and provide MOOCs and that use increased after the COVID-19 pandemic.
Libraries and Nonprofits Keep Literacy Exemption
The Register intends to recommend renewing the exemption that allows libraries, museums, and other nonprofit organizations to circumvent access controls to use motion pictures in nonprofit digital and media literacy programs for the next triennial period (3 years). Petitioners representing over 100,000 libraries said these institutions have relied on the exemption for such programs.
Libraries Preserve Motion Pictures
The Register intends to recommend renewing the exemption that allows eligible libraries, archives, and museums to circumvent access controls to make preservation or replacement copies of motion pictures for the next triennial period (3 years). Petitioners said institutions have relied on the exemption to preserve films that are unavailable for purchase or streaming or are deteriorating.
Researchers Keep Motion-Picture TDM Exemption
The Register intends to recommend renewing the exemption that permits text and data mining (TDM) of motion pictures by researchers affiliated with nonprofit institutions of higher education, or at their direction, for scholarly research and teaching for the next triennial period (3 years). Petitioners reported many researchers at universities actively rely on this exemption for published scholarship.
Researchers Keep Literary TDM Exemption
The Register intends to recommend renewing the exemption that permits text and data mining of electronically distributed literary works by researchers affiliated with nonprofit institutions of higher education for scholarly research and teaching for the next triennial period (3 years). The petitioners and opposing comments debated new licensed TDM options, but the Office concluded renewal is still warranted for works not covered by those offerings.
Medical Device Repair Exemption Contested
The Office found meaningful opposition to renewing the current medical device repair exemption and will not grant it through the streamlined renewal process; instead, it will be treated as a new proposed exemption so interested parties can further develop the record. This delays automatic readoption and requires additional proceedings before a renewal decision is reached.
Noncommercial Video Creators Retain Exemption
The Register intends to recommend renewing the exemption that allows creators of noncommercial video remixes and "fan edits" to circumvent access controls on motion pictures for commentary or remix purposes for the next triennial period (3 years). Petitioners said noncommercial remix artists have used this exemption and expect to keep using it.
Multimedia E-Book Authors Keep Exemption
The Register intends to recommend renewing the exemption that permits use of motion-picture excerpts in nonfiction multimedia e-books for the next triennial period (3 years). Petitioners explained they rely on circumvention of technological protections to include high-resolution video clips in such educational e-books.
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