Copyright Office proposes renewal of DMCA vehicle repair exemptions

WASHINGTON — The U.S. Copyright Office has issued a proposed rule to extend temporary exemptions from rules under the Digital Millennium Copyright Act prohibiting circumvention of technological measures that control access to copyrighted works.

The proposal, which would create the seventh consecutive exemption, covers several industries, including auto repair, according to the document published in the Oct. 26 Federal Register.

The rule would extend the current DMCA exemption for computer programs that control motorized vehicles, including farm equipment, for purposes of diagnosis, repair and modification.

Many organizations petitioned for the Copyright Office to renew the DMCA exemption, in response to an inquiry the agency issued June 30.

The organizations included the Motor & Equipment Manufacturers Association, the Auto Alliance and the American Farm Bureau Federation. The Auto Care Association (ACA), Consumer Technology Association and iFixit filed a joint petition requesting renewal.

"Approximately 20 percent of American consumers buy automotive parts and products to maintain and repair their own vehicles," the ACA and its allies told the Copyright Office, which quoted that statement in the Federal Register notice.

The ACA also requested that the agency expand the DMCA exemption to include access to software that controls telematics and entertainment systems; to permit third parties to provide services on behalf of vehicle owners; and to permit the development and sale of repair tools and solutions.

However, the Copyright Office said it agreed with the Auto Alliance. The Alliance said that it did not oppose renewal, but argued that the exemption should not be expanded to cover anything other than it already does.

"The Office's Notice of Inquiry clearly stated that renewal petitions could only seek readoption of current exemptions as they are currently formulated, without modification," the agency said.

Initial written comments on the proposal are due Dec. 18 from those who support the DMCA extension or want to share pertinent information about it.

For those who oppose the extension, the deadline is Feb. 12. Those who support specific proposals in the document, or who are neutral about the extension, must comment by March 14.

The notice can be found online.