What is the basis for exempting “classes of works” from the DMCA?
The determination of exempted works must be based on a finding of the “adverse effects” digital protection systems have on users. The criteria that the Copyright Office is directed to consider in evaluating these effects are: the availability for use of copyrighted works; the availability for use of works for nonprofit archival, preservation, and educational purposes; the impact that the prohibition on the technological measures applied to copyrighted works on criticism, comment, news reporting, teaching, scholarship, or research; the effect of circumvention of technological measures on the market for or value of copyrighted works; and such other factors as the Librarian considers appropriate.
