Temporary Exemptions Of US DMCA Anti-circumvention Of Technological Protection Measures

To Carry out the requirements of World Intellectual Property Organization Copyright Treaty and WIPO Performances and Phonograms Treaty,US government enacted the Digital Millennium Copyright Act,within which Section 1201 generally banned the acts of circumventing technologically measures protecting copyright.And to balance the public interest and the copyright owner,Section 1201 provided 7 permanent exceptions and authorize the Congress Librarian to announce temporary exceptions every 3 years through administrative enactment.According to the authorization of Section 1201,the Congress Librarian started to announce temporary exceptions in 2000,and till 2017,there are 6 administrative enactments.The newest enactment in 2015 provided 10 types of exceptions,which are: Visual Works,Electronic Books,Video Games,Prison Break for Mobile Equipments,Prison Break for Smart TV,Mobile Equipment Unlocking,3D-printing,Vehicle Repairing,Research for Software Security,and Medical Equipment.DMCA formed a scheme consisting of general banning,permanent exceptions and temporary exceptions.The DMCA Scheme utilized standards and factors in legislation,classified the interests of the public on works,and provided comprehensive exception system,and it is worthwhile for China to learn from.