The U.S. Copyright Office is currently undertaking a rulemaking process to determine whether to exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. The Digital Millennium Copyright Act (“DMCA”) generally prohibits users from circumventing any type of digital rights management (“DRM”) technologies.

     Most consumers deal with DRM technologies on a regular basis, whether it is protected music from iTunes, computer software or DVDs. While DRM makes it more difficult (but certainly not impossible) to make illegal copies of protected content, it also creates issues for the fair use of such content. For example, making a backup of something you have lawfully purchased is generally considered a fair use. However, if the content contains DRM, you may violate the DMCA in making that backup. However, the DMCA allows the Copyright Office to exempt classes of work from the circumvention prohibition. Many different classes have been proposed for exemption throughout the comment period and the Copyright Office is getting ready to hold hearings. It remains to be seen whether significant exemptions will ultimately arise from this process, but consumers could ultimately benefit if they do.