Exemptions To Permit Circumvention of Access Controls on Copyrighted Works: Notice of Public Hearings, 8453-8454 [2024-02499]

Agencies

• Library of Congress
• Copyright Office

[Federal Register Volume 89, Number 26 (Wednesday, February 7, 2024)]
[Notices]
[Pages 8453-8454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02499]


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LIBRARY OF CONGRESS

Copyright Office

[Docket No. 2023-5]


Exemptions To Permit Circumvention of Access Controls on 
Copyrighted Works: Notice of Public Hearings

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of public hearings.

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SUMMARY: The United States Copyright Office will hold public hearings 
as part of the ninth triennial rulemaking proceeding under the Digital 
Millennium Copyright Act (``DMCA'') concerning proposed exemptions to 
the DMCA's 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: Public hearings will be scheduled for the week of April 15-19, 
2024. Requests to testify must be received no later than 11:59 p.m. 
Eastern time on March 1, 2024. The Office will prepare a schedule based 
on the number and nature of requests to testify. Once the schedule of 
hearing witnesses is finalized, the Office will notify all participants 
and post the times, dates, and agenda of the hearings at https://www.copyright.gov/1201/2024/.

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/1201/2024/hearing-request.html.

FOR FURTHER INFORMATION CONTACT: Rhea Efthimiadis, Assistant to the 
General Counsel, by email at [email protected] or by telephone at 
(202) 707-8350.

SUPPLEMENTARY INFORMATION: On June 8, 2023, the Copyright Office 
(``Office'') published a notice of inquiry in the Federal Register to 
initiate the ninth triennial rulemaking proceeding under 17 U.S.C. 
1201(a)(1), which provides that the Librarian of Congress, upon 
recommendation of the Register of Copyrights, may exempt certain 
classes of copyrighted works from the prohibition against circumventing 
a technological measure that controls access to a copyrighted work.\1\ 
On October 19, 2023, the Office published a notice of proposed 
rulemaking setting forth proposed exemptions for seven new or expanded 
classes of works and requesting written comments.\2\ The responsive 
comments received thus far are posted on the Office's website. See 
https://www.copyright.gov/1201/2024/.
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    \1\ 88 FR 37486 (June 8, 2023).
    \2\ 88 FR 72013 (Oct. 19, 2023).
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    At this time, the Office is announcing public hearings to be held 
via Zoom to further consider the proposed exemptions. Each hearing will 
pertain to a proposed exemption and will feature a panel of witnesses. 
Hearings will be live-streamed, recorded, transcribed, and posted to 
the Office's website.
    Those who wish to speak on a panel should submit a request to 
testify by following the procedure detailed below. If the Office does 
not receive any requests to testify regarding a particular class, it 
will not host a hearing for that proposed exemption. If the Office 
receives requests to testify but determines a hearing is not necessary, 
it will contact requesters.

A. Submitting Requests To Testify

    A request to testify should be submitted to the Office using the 
form on the Office's 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 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 the same 
proposed exemption, each should submit a separate request, and explain 
in their submission 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.
    Depending on the number and nature of the requests, and in light of 
the limited time available, the Office may not be able to accommodate 
all requests to testify. The Office will give preference to those who 
have submitted substantive comments in support of or in opposition to a 
proposal.
    All requests to testify must clearly identify:
     The name of the person seeking to serve as a witness;
     The organization or organizations represented, if any;
     Contact information;
     The proposed class about which the person seeks to 
testify;

[[Page 8454]]

     A two- to three-sentence summary of the testimony the 
witness expects to present; and
     If the witness is requesting the ability to demonstrate a 
use or a technology at the hearing, a description of the demonstration, 
the approximate time required, and any functionality required to make 
the demonstration viewable via Zoom. The Office cannot guarantee that 
witnesses will have the ability to introduce demonstrative evidence 
into the record during the hearing but will consider options to 
accommodate such requests.
    Following receipt of the requests to testify, the Office will 
prepare agendas listing the witnesses, dates, and times for each 
hearing. Once prepared, the agendas will be circulated to witnesses and 
posted at https://www.copyright.gov/1201/2024.

B. Format of Public Hearings

    The Office will establish time limits for each panel after 
receiving all requests to testify. Generally, the Office plans to allot 
approximately one to two hours for each proposed class, depending upon 
the complexity of the class. Members of the public will be provided a 
limited opportunity to offer additional comments for the record, but 
parties who wish to provide detailed information to the Office are 
encouraged to submit a request to testify.
    The hearings will focus on legal or factual issues that the Office 
finds unclear or underdeveloped in the written record, as well as 
demonstrative evidence. Witnesses should be prepared to discuss, among 
other things, where the copies of the works sought to be accessed are 
stored, how those works can be accessed, and what would be done with 
the works upon access. The Office also encourages witnesses to provide 
real-world examples, descriptions, or demonstrations of methods of 
access, uses, and technologies pertinent to a proposal.
    Presenters who wish to hold demonstrations should consider whether 
a demonstration is able to be presented in a format that enables it to 
be viewed by participants and observers via Zoom. To ensure proper 
documentation of the hearings, the Office will require that a copy of 
any audio, visual, or audiovisual materials that have been prepared in 
advance (e.g., slideshows and videos) be provided to it following the 
hearing. The Office may contact witnesses individually ahead of time to 
ensure that demonstrations can be preserved for the record in an 
appropriate form.

C. Ex-Parte Communications

    The Office plans to permit requests for ex parte meetings later 
this year. Ex parte communications may be used to supplement, but not 
substitute for, the written record and testimony at the public 
hearings.
    The Office recently issued regulations governing ex parte 
communications during official rulemakings,\3\ which will govern in 
this proceeding. Pursuant to those regulations, summaries of any ex 
parte hearings will be publicly available on the Office's website and 
will be part of the written record. The Office will provide more 
information about the process, including the timing for meetings, on 
its web page following the completion of the public hearings. No ex 
parte meetings will be scheduled before that time.
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    \3\ 88 FR 54491 (Aug. 11, 2023); see also 37 CFR 205.24.

    Dated: February 2, 2024.
Suzanne V. Wilson,
General Counsel and Associate Register of Copyrights.
[FR Doc. 2024-02499 Filed 2-6-24; 8:45 am]
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