How are libraries and archives affected by the anti-circumvention provisions?
The DMCA provides an exemption for nonprofit libraries, archives, and educational institutions to circumvent a system protecting a copyrighted work in order to make a determination of whether or not to acquire the work. [1201(d)] This exemption limits qualifying institutions from conducting circumvention only to those circumstances where accessing such a work is not made available in another medium. [1201(d)(2)] In addition, the exemption limits circumvention only for the limited time it takes the institution to make the decision whether or not to acquire the work. [1201(d)(1)(A)] Libraries, educational institutions, and similar organizations are concerned that these technical protection systems and the laws supporting them give too much control to the copyright owner, and threaten the general public’s ability to access these works. The ban on the distribution of circumvention devices also means that libraries seeking to use this exemption can’t do so independently but must employ cryp
