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Proposed Rules
Federal Register Vol. 86, No. 24
Monday, February 8, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

LIBRARY OF CONGRESS
U.S. Copyright Office 37 CFR Part 201
Docket No. 202011

Exemptions To Permit Circumvention of Access Controls on Copyrighted Works U.S. Copyright Office, Library of Congress.
ACTION: Notice of public hearings.
AGENCY:

The United States Copyright Office will be holding public hearings as part of the eighth triennial rulemaking proceeding under the Digital Millennium Copyright Act DMCA
concerning possible exemptions to the DMCAs prohibition against circumvention of technological measures that control access to copyrighted works. Parties interested in testifying at the hearings are invited to submit requests to testify pursuant to the instructions set forth below.
DATES: The public hearings are scheduled for April 58 and April 19
22, 2021. Requests to testify must be received no later than 11:59 p.m.
Eastern time on February 24, 2021. Once the hearing agendas are finalized, the Office will notify all participants and post the times and dates of the hearings at https www.copyright.gov/1201/
2021/.
ADDRESSES: The Office will conduct the hearings remotely using the Zoom videoconferencing platform. Requests to testify should be submitted through the request form available at https
www.copyright.gov/1201/2021/hearingrequest.html.
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SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Regan A. Smith, General Counsel and Associate Register of Copyrights, by email at regans@copyright.gov; Kevin R.
Amer, Deputy General Counsel, by email at kamer@copyright.gov; or Anna Chauvet, Associate General Counsel, by email at achau@copyright.gov. Each can
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be contacted by telephone by calling 202 7078350.
SUPPLEMENTARY INFORMATION: On June 22, 2020, the Copyright Office Office published a notice of inquiry in the Federal Register to initiate the eighth triennial rulemaking proceeding under 17 U.S.C. 1201a1, which authorizes the Librarian of Congress, upon the recommendation of the Register of Copyrights, to exempt certain classes of copyrighted works from the prohibition against circumventing a technological measure that controls access to a copyrighted work.1 On October 15, 2020, the Office published a notice of proposed rulemaking setting forth proposed exemptions for seventeen classes of works and requesting written comments.2 The responsive comments received thus far have been posted on the Offices website at https
www.copyright.gov/1201/2021/.
At this time, the Office is announcing public hearings to be held via Zoom to further consider the proposed exemptions. The Office plans to convene panels of witnesses for the proposals to be considered, and may combine certain panels if the witnesses and/or key issues substantially overlap.
All of the hearings will be live streamed online, and the video and transcript for each hearing will be posted on the Offices website. If no request to testify is received for a proposed exemption, the Office will consider the class based on the written submissions and any ex parte communications with interested parties discussed below.
A. Submitting Requests To Testify A request to testify should be submitted to the Office using the form on the Offices website indicated in the ADDRESSES section above. Anyone wishing to testify with respect to more than one proposed class must submit a separate form for each request. To the extent feasible, the Office requests that organizations submit only one panelist request per proposed class, and generally encourages parties with similar interests to select a common representative to testify on their behalf.
If multiple persons from the same organization wish to testify regarding different proposed exemptions, each should submit a separate request 1 85
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FR 37399 June 22, 2020.
FR 65293 Oct. 15, 2020.

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outlining the subject matter area. If multiple persons from the same organization wish to testify regarding the same proposed exemption, each should again submit a separate request, and explain in their submissions the need for multiple witnesses. For parties represented by law school clinics, the Office will attempt to accommodate requests to allow students to participate under the supervision of a faculty member. The Office will contact requesters should it determine that a hearing for a particular class is unnecessary.
Depending upon the number and nature of the requests, and in light of the limited time available for the public hearings, the Office may not be able to accommodate all requests to testify. The Office will give preference to those who have provided substantive evidentiary submissions in support of or in opposition to a proposal.
All requests to testify must clearly identify:
The name of the person desiring to serve as a witness;
The organization or organizations represented, if any;
Contact information;
The proposed class about which the person wishes to testify;
A twoto three-sentence summary of the testimony the witness expects to present; and If the party is requesting the ability to demonstrate a use or a technology during the hearing, a description of the demonstration, the approximate time required, and any functionality required to make the demonstration viewable via Zoom. In light of the transition to virtual hearings for this proceeding, the Office cannot guarantee that witnesses will have the ability to introduce demonstrative evidence into the record during the hearings. The Office will consider options to accommodate such requests, including potentially by holding one or more dedicated panel sessions for that purpose.
To facilitate the process of scheduling panels, it is essential that all of this information be included in a request to testify.
Following receipt of the requests to testify, the Office will prepare agendas listing the witnesses, dates, and times for each hearing. These will be circulated to witnesses and posted at https www.copyright.gov/1201/2021/
on or about March 8, 2021.

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