Copyright Office Proposes Rules for Exemptions

Businesses using digital circumvention tools must review proposed changes to ensure continued compliance with copyright law.

Updated on Oct. 29, 2026 in Remote Work

Bold flat-color editorial illustration of a brass key and interlocking gears, representing U.S. Copyright Office regulatory access policy. — The U.S. Copyright Office has initiated its triennial Section 1201 proceeding, proposing ten new exemptions for accessing protected digital works. AI Illustration. Upload story photo >

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The U.S. Copyright Office has proposed rules for its tenth triennial proceeding under Section 1201, which regulates the circumvention of digital locks on copyrighted works. The notice introduces ten new potential exemptions and marks the start of a three-round comment period regarding access to protected digital content.

Why it matters

These proceedings allow businesses that rely on modified software, interoperability, or digital repair to legally circumvent technological protection measures. Because most existing exemptions are slated for renewal, operators should track which specific exception is being dropped to ensure continued compliance.

The rulemaking process includes ten newly proposed exemption classes and will proceed through three rounds of public comment. The Copyright Office currently intends to renew all existing exemptions with the exception of one, though that specific category has not yet been identified.

The players

U.S. Copyright Office

A federal agency that administers the nation's copyright laws and conducts triennial rulemakings to grant exemptions for circumventing digital locks.

Librarian of Congress

The federal official with the authority to grant temporary exemptions to copyright circumvention prohibitions based on agency recommendations.

The details

Section 1201 generally prohibits the circumvention of digital access controls, but the Librarian of Congress can grant temporary exemptions based on the Register's recommendations. Through this triennial process, the Office allows public input to determine which categories of works may be accessed without infringing copyright. Operators using affected software should monitor the comment rounds to understand how specific exemptions impact their ability to perform maintenance or interoperability functions.

December 7, 2026: Deadline for initial comments from proponents and neutral parties.
February 22, 2027: Deadline for comments in opposition to proposed exemptions.
March 22, 2027: Deadline for reply comments from supporters and neutral parties.

Market Landscape

This rulemaking proceeding operates under the triennial review cycle established by Section 1201 of the Digital Millennium Copyright Act. The current action continues the established pattern of periodic regulatory updates that allow for temporary exemptions from anti-circumvention prohibitions.

Operators relying on digital circumvention exemptions should audit their current software practices against the forthcoming list of renewals and new proposals. If an exemption critical to your operations is the one scheduled for removal, your counsel should prepare to participate in the public comment rounds.

The takeaway

Businesses must confirm whether their software modification workflows rely on an exemption that the Copyright Office plans to discontinue. Review the latest rulemaking notice to determine if your specific use case remains covered before the December 7, 2026, initial comment deadline.