Copyright Office grants vehicle mod exemption

DIAMOND BAR, Calif. (Oct. 28, 2015) — The U.S. Copyright Office issued a ruling on Oct. 27 that allows vehicle owners to perform vehicle diagnosis, repair and modification without fear of prosecution under the Digital Millennium Copyright Act (DMCA).

However, the Copyright Office declined to provide the exemption to third parties who diagnose, repair or modify a vehicle on behalf of the vehicle owner, according to the Specialty Equipment Market Association (SEMA). The agency concluded that extending the reach of an exemption to cover third parties requires a legislative amendment by Congress. Access to a vehicle's telematics or entertainment system was also specifically excluded from the exemption, SEMA said.

Earlier this year, the Diamond Bar-based trade group provided comments to the Copyright Office in support of the industry and consumers, saying it sought an exemption from the DMCA for circumvention of controls on vehicle software for the purpose of vehicle diagnosis, repair or modification by the vehicle owner.

Chris Kersting, CEO and president of SEMA, said the issue of copyright affecting the ability to diagnose, repair and modify vehicles “has come up recently due to the proliferation of advanced vehicle technology, specifically software, in modern vehicles.

“SEMA has always maintained that the right to access vehicle systems to utilize, maintain and upgrade vehicles is legal as fair use under copyright law, as are activities undertaken to achieve interoperability with aftermarket products.”

Enacted in 1998, the DMCA prohibits the circumvention of measures put in place by a copyright owner to protect copyrighted works. The law also includes a provision allowing the Copyright Office to grant exemptions from this anti-circumvention provision, and the exemption for vehicle repair, diagnosis or modification was granted under this provision, according to SEMA.

A copy of the association's comments is available on the Copyright Office website.