The Copyright Office conducts a rulemaking every three years to identify situations in which individuals should be exempt from liability under Section 1201 of the Copyright Act in cases where they circumvent a “technical measure that effectively controls access” to a copyrighted work.
The latest round of exemptions included one that allows libraries, archives, and museums to circumvent technological protection measures on certain lawfully acquired software for the purposes of preserving software and materials that depend on it.
This guide aims to frame that exemption in useful, practical terms for the librarians and archivists who will rely on and benefit from it.
“Getting the exemption is just the first step — Software Preservation Network and the Cyberlaw Clinic are dedicated to supporting practitioners in using the exemption to preserve software,” said Mx. Albert. “This is the first of a set of guides we plan to release to help institutions make the most of their rights under the law.”