DMCA Rulemaking

The Digital Millennium Copyright Act prohibits "circumventing" digital rights management (DRM) and "other technical protection measures" used to protect copyrighted works. While this ban was meant to deter copyright infringement, many have misused the law to chill competition, free speech, and fair use. Every three years, the U.S. Copyright Office convenes a rulemaking to consider granting exemptions to the DMCA's ban on circumvention to mitigate the harms the law has caused to legitimate, non-infringing uses of copyrighted materials.

In 2003, EFF filed for four exemptions, all seeking to allow consumers to repair DRM-crippled CDs and DVDs. All four exemptions were denied.

In 2006, EFF did not file any DMCA exemption requests. Instead, we explained why the rulemaking process is fundamentally broken.

In 2009, EFF is seeking three exemptions: One to allow video remixing, and two to allow cell phone unlocking.

DMCA Rulemaking Cases

2000 DMCA Rulemaking
EFF filed comments to the Copyright Office on the topic of the DMCA and its anti-circumvention provisions.
2003 DMCA Rulemaking
EFF applied for four exemptions to the Digital Millenium Copyright Act.
2006 DMCA Rulemaking
EFF did not file for DMCA exemption requests in 2006. Instead, we explained why the rule-making process is fundamentally broken and unable to protect consumers.
2009 DMCA Rulemaking
For the 2009 rulemaking, EFF filed three exemption requests with the Copyright Office today aimed at protecting the important work of video remix artists, iPhone owners, and cell phone recyclers from legal threats under the DMCA.