Copyright Office opens next round of DMCA exemption requests

The U.S. Copyright Office has opened the next federal review of exemptions that could allow limited circumvention of digital access controls on copyrighted works. The process could affect how authors, educators, libraries, archives, preservationists, accessibility users and researchers use protected electronic books and other digital materials.

The tenth triennial Section 1201 proceeding began June 9, 2026. The first major deadline is August 24, when petitions for both new exemptions and renewals of current exemptions must be filed by 11:59 p.m. Eastern through Regulations.gov.

What Section 1201 generally prohibits

Section 1201 of the Digital Millennium Copyright Act generally prohibits circumventing technological measures that effectively control access to copyrighted works. In practical terms, that can cover digital locks or other systems that restrict access to an electronic book or another protected work.

The triennial proceeding does not repeal or rewrite that general rule. Instead, it considers whether temporary exemptions should apply to defined classes of works when access controls interfere with lawful, noninfringing uses.

The proceeding covers the access-control prohibition. It does not authorize exemptions from Section 1201’s separate anti-trafficking provisions, which address distributing tools or services used to circumvent technological protections.

Who can seek an exemption

Potential participants include authors, educators, libraries, archives, preservationists, accessibility users and researchers. Their requests might involve teaching, scholarship, preservation, accessibility, research or other lawful uses of copyrighted material.

A petition must identify a particular class of copyrighted works and explain how the prohibition has adversely affected, or is likely to affect during the next three years, the ability to make noninfringing uses of that class.

The Copyright Office’s review considers factors including the availability of copyrighted works, nonprofit archival and educational uses, the effects on criticism, comment, news reporting, teaching, scholarship and research, and the impact on the market for or value of copyrighted works.

Renewal is different from expansion

People seeking to keep a current exemption in place can file a renewal petition. The streamlined renewal process is intended for an exemption as currently written, without new language or additional covered activities.

A request to broaden or modify an existing exemption requires a separate new-exemption petition focused on the proposed expansion. A petitioner may seek renewal of the current exemption and separately request a new exemption for the broader use.

Filing a petition does not itself grant permission to circumvent access controls. It begins an administrative review in which the Office develops a public record before the Register of Copyrights makes a recommendation to the Librarian of Congress.

What happens after the deadlines

Written comments supporting or opposing renewal petitions are due by 11:59 p.m. Eastern on September 28, 2026. After reviewing the petitions and renewal comments, the Office plans to publish a notice of proposed rulemaking.

The initial petition phase is not the point at which petitioners must submit the full legal and evidentiary case for a new exemption. The later proposed-rulemaking phase will organize proposed new exemptions into classes and solicit additional written comments on the legal and factual issues.

That later process is expected to include three rounds of written comments and virtual public hearings on unresolved issues. The Register of Copyrights will then make a recommendation after consultation with the National Telecommunications and Information Administration. The Librarian of Congress will decide whether to adopt a final rule and which temporary exemptions, if any, should be included.

Key dates for participants

• August 24, 2026, at 11:59 p.m. Eastern: Deadline for new-exemption petitions and renewal petitions.
• September 28, 2026, at 11:59 p.m. Eastern: Deadline for written comments on renewal petitions.
• October 2027 through October 2030: Period renewed exemptions would cover if adopted.

For organizations and individuals considering a filing, the practical task is to define the works and lawful use narrowly, document the access problem and distinguish any requested expansion from a routine renewal. The outcome will not be known when petitions are filed. Any exemptions ultimately adopted would be temporary and limited to the classes and uses described in the final rule.

Sources

• Federal Register notice initiating the 2027 Section 1201 cycle
• U.S. Copyright Office 2027 Section 1201 proceeding guide

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