[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Proposed Rules]
[Pages 6678-6679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3256]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. RM 2002-4A]


Exemption to Prohibition on Circumvention of Copyright Protection 
Systems for Access Control Technologies

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of inquiry.

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SUMMARY: The Copyright Office of the Library of Congress has granted a 
petition by Static Control Components, Inc. to consider a newly-
proposed class of works to be exempted from the prohibition on 
circumvention of technological measures that control access to 
copyrighted works as part of a pending rulemaking pursuant to the 
Digital Millennium Copyright Act. The Office has posted Static 
Control's comment in support of the proposed exemption on its website 
and seeks reply comments on the proposed exemption.

DATES: Reply comments must be received by the Copyright Office General 
Counsel no later than 5 pm Eastern Standard Time on March 10, 2003.

ADDRESSES: Electronic Internet submissions must be made through the 
Copyright Office Web site at http://www.copyright.gov/1201/comment_forms. See Exemption to Prohibition on Circumvention of Copyright 
Protection Systems for Access Control Technologies, 67 FR 63578, 63582 
(October 15, 2002), for file formats and other information about 
electronic and non-electronic filing requirements. If delivered by 
hand, comments should be delivered to the Office of the General 
Counsel, Copyright

[[Page 6679]]

Office, LM-403, James Madison Memorial Building, 101 Independence 
Avenue, SE., Washington, DC. If delivered by means of the United States 
Postal Service, comments should be addressed to David O. Carson, 
General Counsel, Copyright GC/I&R, PO Box 70400, Southwest Station, 
Washington, DC 20024-0400.

FOR FURTHER INFORMATION CONTACT: Rob Kasunic, Office of the General 
Counsel, Copyright GC/I&R, PO Box 70400, Southwest Station, Washington, 
DC 20024-0400. Telephone (202) 707-8380; telefax (202) 707-8366.

SUPPLEMENTARY INFORMATION: The Copyright Office of the Library of 
Congress is currently conducting proceedings mandated by the Digital 
Millennium Copyright Act, which provides that the Librarian of Congress 
may exempt certain classes of works from the prohibition against 
circumvention of technological measures that control access to 
copyrighted works. See 17 U.S.C. 1201(a)(1)(C). The purpose of this 
rulemaking proceeding is to determine whether there are particular 
classes of works as to which users are, or are likely to be, adversely 
affected in their ability to make noninfringing uses due to the 
prohibition on circumvention. If there are, the Librarian may exempt 
such classes from the statutory prohibition.
    Comments proposing classes of works to be exempted were due 
December 18, 2002. However, in order to provide flexibility in this 
rulemaking proceeding and to take into account unforeseen developments 
that might significantly affect the recommendation of the Register of 
Copyrights, the Office's October 15, 2002 Notice of Inquiry provided an 
opportunity to petition the Register for consideration of new 
information that could not reasonably have been known prior to the 
December 18 deadline. See Exemption to Prohibition on Circumvention of 
Copyright Protection Systems for Access Control Technologies, 67 FR 
63578, 63582 (October 15, 2002). The Notice of Inquiry states that a 
petition to consider new classes of works proposed for exemption must 
be in writing and must set forth the reasons why the information could 
not have been made available earlier and why it should be considered by 
the Register after the deadline. A petition must also set forth the 
proposed class or classes of works to be exempted, a summary of the 
argument, the factual basis for such an exemption and the legal 
argument supporting such an exemption. The Register's determination 
whether to accept such a petition is based on the stage of the 
rulemaking process at which the request is made and the merits of the 
petition.
    Static Control Components, Inc. (``Static Control'') has petitioned 
for consideration of the following classes of works:
    1. Computer programs embedded in computer printers and toner 
cartridges and that control the interoperation and functions of the 
printer and toner cartridge;
    2. Computer programs embedded in a machine or product and which 
cannot be copied during the ordinary operation or use of the machine or 
product; and
    3. Computer programs embedded in a machine or product and that 
control the operation of a machine or product connected thereto, but 
that do not otherwise control the performance, display or reproduction 
of copyrighted works that have an independent economic significance.
    The Register of Copyrights has determined that Static Control has 
adequately explained why the information set forth in its petition 
could not have been made available earlier, and that Static Control has 
set forth sufficiently serious arguments on the merits to warrant 
consideration of its proposal after the initial deadline. Accordingly, 
the ``Petition of Static Control Components, Inc. for Consideration of 
New Information'' has been accepted as a comment proposing three 
classes of works to be exempted from the prohibition on circumvention, 
and interested parties are invited to submit reply comments responsive 
to this comment, either in support of or opposition to the Static 
Control proposal. Static Control's comment is available on the 
Copyright Office Web site at http://www.copyright.gov/1201/2003/petitions/.
    Reply comments responsive to this new comment will be accepted from 
February 24, 2003 until March 10, 2003, at 5 pm Eastern Standard Time. 
Commenters are encouraged to file their comments electronically. See 
ADDRESSES, above. Please review the initial Notice of Inquiry for 
format requirements for comments. See 67 FR at 63582 (October 15, 
2002).

    Dated: February 5, 2003.
David O. Carson,
General Counsel, Copyright Office.
[FR Doc. 03-3256 Filed 2-7-03; 8:45 am]
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