Section 1201: Twenty-five years of TPMs, Triennial Rulemakings, and Tractors

Twenty-five years ago, Congress enacted Section 1201 to encourage markets for copyrighted works in the digital environment. Part of Section 1201 directs the US Copyright Office to engage in a rulemaking every three years to grant exemptions to the prohibitions on circumventing TPMs to allow noninfringing uses of copyrighted works. Panelists will discuss the history of the eight triennial rulemakings that have occurred so far, including trends in exemptions being granted and how the process itself has evolved. Section 1201 is not without criticism, and panelists will also discuss legal challenges to the law and the rulemaking process, focusing on Green v. DOJ, which resulted in a recent DC Circuit decision rejecting a First Amendment challenge. Finally, panelists will discuss the “right to repair” movement and its intersection with copyright law generally and Section 1201 specifically. Location: Grand Ballroom