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Librarian of Congress Adopts Research-Friendly Exemptions to Section 1201

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[Jonathan Band] On October 27, 2021, the Librarian of Congress issued new exemptions to the prohibition on the circumvention of technological protection measures set forth in the 17 U.S.C. 1201. Several of these exemptions adopted in the triennial section 1201 rulemaking explicitly support research activities. Moreover, the 350-page recommendation of the Register of Copyright, on which the Librarian based the exemptions, provided a detailed analysis of the lawfulness of the underlying research activity necessitating the exemption. The National Telecommunications and Information Administration generally concurred with the Register’s recommendations. The exemptions and their supporting documents reflect the broad right to research in current U.S. copyright law.

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