US copyright consultation: proposed access exemptions and dates

A proposed rulemaking stage

The Copyright Office’s 28 October 2026 notice advances the tenth triennial rulemaking under section 1201. The Register intends to recommend renewal of all but one existing exemption, while three new proposed classes enter further comment rounds. These are proposals, not newly adopted exemptions. Official source.

Initial supportive or neutral comments are due on 7 December 2026, opposition comments on 22 February 2027, and supportive or neutral replies on 22 March 2027. Each stage has its own scope and filing requirements.

Lawful use and access controls are distinct

The process concerns exemptions from the prohibition on circumventing technological access controls for specified classes of works. Establishing that a use does not infringe copyright is important, but does not by itself resolve every access-control question.

An exemption is not a general copyright licence or unrestricted permission to distribute circumvention tools. Its precise class, conditions and legal effect matter. Existing rights and other statutory restrictions still require separate consideration.

Evidence should explain the actual obstacle

Hypothetically, an institution seeking an exemption can document the lawful activity it wants to perform, the access control preventing it, available alternatives and the resulting adverse effects. A broad statement that technology is inconvenient offers less useful evidence.

The notice specifies a 25-page limit per class, excluding documentary evidence, and a template for longer comments. Check the official proceeding page before filing and match the submission to the correct proposed class.

Do not treat a proposal as present permission

A business considering a product or research workflow should assess the law and currently effective exemptions before acting. The intended renewal of an exemption does not guarantee its final wording or adoption.

Keep records supporting any claimed non-infringing use and the particular exception relied on. Consultation participation can inform the rulemaking; it neither resolves an individual infringement dispute nor supplies immediate permission for a proposed activity.

Legal check date

Sources and law checked on 28 October 2026. Later developments are not reflected automatically. Application of the rules depends on the individual facts.