Proposed Exemption to Section 1201 Liability for Preserving Video Games

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On behalf of the Museum of Art and Digital Entertainment (MADE), the Samuelson Clinic sought an exemption from liability under section 1201 of the Digital Millennium Copyright Act for circumventing technological protection measures for the purpose of preserving online video games.

Every three years, the Copyright Office considers granting exemptions to the anti-circumvention provisions of the Digital Millennium Copyright Act. These provisions impose civil and criminal penalties on those who circumvent technological protection measures on copyrighted works, even if the uses to which the works would be put are lawful. In 2018, the Samuelson Clinic represented the Museum of Art and Digital Entertainment in its request for an exemption to allow it to preserve online video games. The Copyright Office granted a petition for preserving local-play-only console games in 2015, but this marked the first time a petition was made to cover online games as well. Clinic students prepared opening and reply comments. They also testified before the Copyright Office in its public hearings. The exemption request was partially granted.

Administrative and Regulatory Filings

Apr 23, 2018

Hearing on Proposed Exemption

Filed with U.S. Copyright Office

Mar 13, 2018
Dec 11, 2017