Fillable Renewal-petition Petition to Renew a Current Exemption Under 17 U.S.C. § 1201

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Renewal-petition Petition to Renew a Current Exemption Under 17 U.S.C. § 1201

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UNITED STATES COPYRIGHT OFFICE
5
Petition to Renew a Current Exemption Under 17 U.S.C. § 1201
8th Triennial Rulemaking
Please submit a separate petition for each current exemption for which renewal is sought.
: Use this form if you want to renew a current exemption without modication. If you are seeking to engage in activities not
currently permitted by an existing exemption, including those that would require the expansion of a current exemption, you must
submit a petition for a new exemption using the form available at https://www.copyright.gov/1201/2021/new-petition.pdf.
If you are seeking to expand a current exemption, we recommend that you submit both a petition to renew the current exemption
without modication using this form, and, separately, a petition for a new exemption that identies the current exemption, and
addresses only those issues relevant to the proposed expansion of that exemption.
I A. P  C I
Please identify the petitioners and provide a means to contact the petitioners and/or their representatives, if any. The “petitioner” is
the individual or entity seeking renewal.
U.S. Copyright Oce · Library of Congress · 101 Independence Avenue SE · Washington, DC 20557-6400 · www.copyright.gov
PETITION TO RENEW A CURRENT EXEMPTION UNDER  U.S.C.  
REV
:
06 ⁄ 2020
Privacy Act Advisory Statement: Required by the Privacy Act of 1974 (P.L. 93-579)
e authority for requesting this information is 17 U.S.C. §§ 1201(a)(1) and 705. Furnishing the requested information is voluntary. e principal use of the requested information is publication on the
Copyright Oce website and use by Copyright Oce sta for purposes of the rulemaking proceeding conducted pursuant to 17 U.S.C. § 1201(a)(1). NOTE: No other advisory statement will be given in
connection with this application. Please keep this statement and refer to it if we communicate with you regarding this petition.
I B. I W C E P S  R
Check the appropriate box below that corresponds with the current temporary exemption (see 37 C.F.R. § 201.40) the petitioners
seek to renew. Please check only one box. If renewal of more than one exemption is sought, a separate petition must be submitted
for each one.
Motion Pictures (including television programs and videos):
Excerpts for educational purposes by college and university or K-12 faculty and students
Excerpts for educational purposes by faculty in massive open online courses (“MOOCs”)
Excerpts for educational purposes in digital and literacy programs oered by libraries, museums, and other nonprots
Excerpts for use in nonction multimedia e-books
Excerpts for use in documentary lmmaking or other lms where use is in parody or for a biographical or historically
signicant nature
Excerpts for use in noncommercial videos
For the provision of captioning and/or audio description by disability services oces or similar units at educational
institutions for students with disabilities
Literary Works:
Literary works distributed electronically (i.e., e-books), for use with assistive technologies for persons who are blind, visually
impaired, or have print disabilities
Literary works consisting of compilations of data generated by implanted medical devices and corresponding personal
monitoring systems, to access personal data
Computer Programs and Video Games:
Computer programs that operate cellphones, tablets, mobile hotspots, or wearable devices (e.g., smartwatches), to allow
connection of a new or used device to an alternative wireless network (“unlocking”)
Computer programs that operate smartphones, tablets and other all-purpose mobile computing devices, smart TVs, or voice
assistant devices to allow the device to interoperate with or to remove software applications (“jailbreaking”)
Computer programs that control motorized land vehicles, including farm equipment, for purposes of diagnosis, repair, or
modication of the vehicle, including to access diagnostic data
Computer programs that control smartphones, home appliances, or home systems, for diagnosis, maintenance, or repair of
the device or system
Computer programs for purposes of good-faith security research
Computer programs other than video games, for the preservation of computer programs and computer program-dependent
materials by libraries, archives, and museums
Video games for which outside server support has been discontinued, to allow individual play by gamers and preservation of
games by libraries, archives, and museums (as well as necessary jailbreaking of console computer code for preservation uses
only), and discontinued video games that never required server support, for preservation by libraries, archives, and museums
Computer programs that operate 3D printers, to allow use of alternative feedstock
I C. E  N F R
Provide a brief explanation summarizing the continuing need and justication for renewing the exemption. The Oce anticipates
that petitioners may provide a paragraph or two detailing this information, but there is no page limit. While it is permissible to
attach supporting documentary evidence as exhibits to this petition, it is not necessary. Below is a hypothetical example of the
kind of explanation that the Oce would regard as sucient to support renewal of the unlocking exemption. The Oce notes,
however, that explanations can take many forms and may dier signicantly based on the individual making the declaration and
the exemption at issue.
I work at a non-profit, public interest organization that [explain mission of organization and how relevant]. My
organization has been involved in the section 1201 rulemaking process for several cycles, and has specifically
advocated in multiple proceedings for the wireless device unlocking exemption. Thus, my organization is well aware
of the issues involved with this exemption, and the historical need for it. Through my work, I have personal
knowledge that this need continues to exist and I have no reason to believe that it will abate during the next triennial
period. I have personally heard from a number of commercial resellers and individual consumers that they have
needed to use this exemption and anticipate needing to use it in the future. For example, I have spoken with Jane
Smith, an ordinary member of the public who earlier this year utilized the unlocking exemption to change her wireless
carrier. Two years ago, she spent nearly $700 on a smartphone, locked to her carrier at the time. Since then, she
moved to another city where that carrier’s coverage is inadequate for her needs, and, as a result, she sought to
switch to a carrier with better coverage in her new location. She was easily able to do so because of the unlocking
exemption. Without it, she would have needed to spend another $700 or more on an unnecessary new phone.
As was the case three years ago, most wireless carriers still lock devices to prevent consumers from using them on
another carrier’s network, see [provide basis for this assertion], and I am not aware of any likely anticipated changes
to this industry practice. As a result, the harms from this practice continue to persist, and will continue for as long as
this practice exists. I have also reviewed the current carrier unlocking policies for [names of carriers], and they are
substantially the same as those that were examined during the last rulemaking. Consequently, they continue to be
problematic for the same reasons discussed in the Register’s recommendation, and remain an unviable alternative to
the unlocking exemption. Given that carrier policies surrounding unlocking have not changed and the fact that users
have expressed continuing interest in unlocking their devices, the exemption should be renewed.
I C. E  N F R (cont’d)
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I D. D  S
The declaration is a sworn statement made under penalty of perjury, and must be signed by one of the petitioners named above.
I declare under penalty of perjury under the laws of the United States of America that the following is true and correct:
1. Based on my own personal knowledge and experience, I have a good faith belief that but for the above-selected
exemption’s continuation during the next triennial period (October 2021 – October 2024), technological measures
controlling access to relevant copyrighted works are likely to diminish the ability of relevant users to make noninfringing
uses of these works, and such users are likely to rely upon the above-selected exemption during the next triennial period.
2. To the best of my knowledge, there has not been any material change in the facts, law, or other circumstances set forth in
the prior rulemaking record (available at https://www.copyright.gov/1201/2018) that originally demonstrated the need
for the above-selected exemption, such that renewal of the exemption would not be justied.
3. To the best of my knowledge, the explanation provided in Item C above is true and correct, and supports the above
statements.
Name/Organization:
If the petitioner is an entity, this declaration must be signed by an individual at the organization having appropriate personal knowledge.
Signature:
This declaration may be signed electronically (e.g., “/s/ John Smith”).
Date:
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Renewal-petition Petition to Renew a Current Exemption Under 17 U.S.C. 1201

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Completed 10 July 2020

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