DMCA - ANALYSIS - TITLE 1

# EXEMPTION FOR NONPROFIT LIBRARIES, ARCHIVES, AND EDUCATIONAL INSTITUTIONS

Jonathan Band’s DMCA Memo

TITLE I: WIPO TREATIES IMPLEMENTATION

Circumvention of Copyright Protection Systems - New Section 1201
Exemption for Nonprofit Libraries, Archives, and Educational Institutions. The DMCA provides an exemption for nonprofit libraries, archives, and educational institutions to gain access to a commercially exploited copyrighted work solely to make a good faith determination of whether to acquire such work.¹⁷ A qualifying institution may gain access only when it cannot obtain a copy of an identical work by other means and access may not last longer than necessary. Such an entity is not allowed to use this exemption for commercial advantage or financial gain. Here, too, the provision does not specifically permit the development and distribution of the devices necessary to effectuate the permitted circumvention.¹⁸

1. Reverse Engineering Exception
2. Exception for Law Enforcement and Intelligence Activities
3. Encryption Research Exception
4. Security Testing Exception
5. Exception Regarding Minors
6. Protection of Personally Identifying Information
7. Exemption for Nonprofit Libraries, Archives, and Educational Institutions
8. Certain Analog Devices and Certain Technological Measures