US Copyright Office Issues Updated DMCA Regulations

UPDATES

• Librarian of Congress Expands DMCA Exemption for Text and Data Mining (by Katherine Klosek, Association of Research Libraries)
• Text Data Mining Research DMCA Exemption Renewed and Expanded (via Authors Alliance)

—-End Updates—-

From Game Developer:

The U.S. Copyright Office will not expand an exemption to the DMCA rules that would allow for video game preservation in libraries and archives.

Since 2021, the Video Game History Foundation (VGHF) has been working with the Software Preservation Network (SPN) to find a way for libraries and archives to remotely share digital access to out-of-print games, which are currently forbidden by Section 1201 of the DMCA. In its own statement, the VGHF said it was “disappointed” by the Office’s decision.

Learn More, Read the Complete Article (about 430 words)

From Ars Technica:

In announcing its decision, the Register of Copyrights for the Library of Congress sided with the Entertainment Software Association and others who argued that the proposed remote access could serve as a legal loophole for a free-to-access “online arcade” that could harm the market for classic gaming re-releases. This argument resonated with the Copyright Office despite a VGHF study that found 87 percent of those older game titles are currently out of print.

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Lawyer Kendra Albert, who argued vociferously in favor of the proposed exemption earlier this year, wrote on social media that they were “gutted by the result… Speaking on behalf of only myself, and not any of my clients, I do believe we made the best case we could that scholarly access to video games that are not commercially available does not harm the market. I do not believe that this evidence was seriously engaged with by the Copyright Office.”

Learn More, Read the Complete Article (about 860 words)

From The Verge:

If the Copyright Office had granted the request, it wouldn’t have been a permanent change. Every three years, groups get a chance to lobby the Library of Congress for very specific exemptions to section 1201 of the Digital Millennium Copyright Act, and those exemptions have to be renewed every three years.

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Here’s the ESA’s statement on its victory:

We recognize the importance of preserving video games and protecting game hardware given their significance in culture and society. With today’s decision, the U.S. Copyright Office confirms that the current level of video game preservation is appropriate and recognizes that video games present unique copyright concerns that should always be taken into consideration. We thank the Library of Congress and the Copyright Office for supporting existing copyright protection, which is critical to increasing access to and inspiring new video game experiences for players, while also protecting artists and their creative works.

Read the Complete Article (about 800 words)

Direct to Complete Statement From the Video Game History Foundation

See Also: Section 1201 Rulemaking: Ninth Triennial Proceeding to Determine Exemptions to the Prohibition on Circumvention (via US Copyright Office)

Note: Title Updated on 10/30.

Filed under: Academic Libraries, Archives and Special Collections, Conference Presentations, Data Files, Libraries, News, Preservation