The U.S. Copyright Office has granted several significant exemptions under the Digital Millennium Copyright Act (DMCA) that mark a watershed moment for the right-to-repair movement across multiple industries. Among the most notable changes, the Office granted a new exemption permitting repair of commercial food preparation equipment. Until now, the DMCA's anti-circumvention provisions made it illegal for businesses to bypass software locks embedded in their equipment, even for routine repairs. Equipment manufacturers used these digital locks, ostensibly protecting proprietary software, to prevent any unauthorized repairs – effectively requiring businesses to rely solely on manufacturer-authorized service providers.

In particular, this exemption is applicable under section 1201 to title 17 of the DMCA, which prohibits circumvention of a “technological measure that effectively controls access to a” copyrighted work. When section 1201 was added to the DMCA in 1998, congress established a procedure for allowing temporary exemptions to the circumvention prohibitions that could be proposed or renewed every three years to go along with a set of permanent exemptions. Effective October 28, 2024, these exemptions permit circumvention of the digital locks across a range of devices and equipment, from restaurant equipment to medical devices, allowing businesses and consumers to seek repairs from third-party services or perform maintenance themselves. This development addresses critical challenges across multiple sectors where maintenance delays and restricted repair options have significantly impacted operations. The new exemptions came about under the temporary exemption procedure and will need to be renewed three years from now during the next rulemaking session.

Key Points

• The exemptions specifically cover multiple industries, including food service, healthcare, transportation, and consumer electronics
• They allow circumvention of digital locks when necessary for diagnosis, maintenance, or repair
• The exemptions are part of the Copyright Office's ninth triennial rulemaking proceeding under Section 1201 of the DMCA
• The right-to-repair is limited to lawfully acquired equipment and cannot be used to access other copyrighted works

Background

The exemption was originally requested by various advocacy groups and industry stakeholders, including Public Knowledge, a 501(c)(3) organization dedicated to promoting the freedom of expression, and iFixit, an e-commerce company that publishes online repair guides for a wide variety of consumer electronics and gadgets and offers repair parts, as part of a broader proposal to cover commercial and industrial equipment. While the Copyright Office declined to grant some broader proposals, it recognized the specific needs across multiple industries and carved out targeted exemptions. The timing is particularly relevant given the widespread issues many restaurants face with equipment maintenance and repairs.

Scope of the Exemption

Under the new rule (37 CFR § 201.40(b)(16)), the exemptions permit circumvention of technological protection measures when:

1. The equipment falls within specified categories (e.g., commercial food preparation, medical devices, vehicle systems)
2. Circumvention is necessary for diagnosis, maintenance, or repair
3. The equipment was lawfully acquired
4. The purpose is not to gain access to other copyrighted works

Overview of Other Exempted Classes

The Copyright Office also renewed or modified several other important DMCA exemptions. Key categories include:

1. Educational and Research Uses
   1. Allows use of motion picture excerpts for documentary filmmaking, teaching, and scholarship
   2. Permits video clips for multimedia e-books and online education
   3. Enables text and data mining research by academic institutions

2. Accessibility
   1. Permits modification of works to enable access by persons with disabilities
   2. Allows creation of accessible versions of e-books and other electronic texts

3. Preservation
   1. Enables libraries and archives to preserve deteriorating motion pictures and software
   2. Permits preservation of video games that are no longer supported by servers

4. Device Functionality
   1. Allows "jailbreaking" of mobile devices and smart TVs for software interoperability
   2. Permits unlocking of mobile devices to switch wireless carriers
   3. Enables access to vehicle diagnostic data and repair information
   4. Permits circumvention for cybersecurity research

5. Consumer Device Repair
   1. Allows repair of consumer electronics and home appliances
   2. Permits diagnosis and repair of medical devices
   3. Enables use of alternative materials in 3D printers

Practical Implications on Industry

This ruling represents a significant shift in the repair landscape across multiple industries. By removing DMCA liability concerns the exemptions will likely:

Food Service Industry:

• Enable third-party repair services to legally service commercial food preparation equipment
• Repair technicians can legally bypass digital locks that previously prevented repairs
• Reduce equipment downtime and maintenance costs
• Foster competition in the repair service market
• Allow businesses more options for maintaining their equipment

Transportation Sector:

• Expand access to vehicle diagnostic and telematics data
• Support independent repair shops' ability to service modern vehicles
• Enable fleet operators to better monitor and maintain their vehicles

Healthcare:

• Support independent servicing of medical devices
• Potentially reduce healthcare costs through competitive repair options
• Improve equipment uptime in medical facilities

Consumer Electronics

• Support right-to-repair initiatives for smartphones, tablets, and other devices
• Enable more repair options for consumers
• Potentially reduce electronic waste through extended device lifespans

Educational Institutions

• Facilitate better access to educational materials
• Support research and teaching activities
• Enable preservation of important digital collections

These exemptions effectively remove one of the major legal barriers that has historically prevented third-party repairs across these industries. While other regulatory requirements (such as FDA regulations for medical devices or EPA standards for vehicles) remain in effect, organizations can now pursue repairs and modifications without fear of DMCA liability.

Looking Ahead

While these exemptions represent a significant step forward for the right-to-repair movement, businesses should note that:

• Each exemption has specific limitations and requirements
• Some commercial and industrial equipment remains subject to existing restrictions
• The exemptions will need to be renewed or made permanent in future rulemakings
• Compliance with other applicable laws and regulations is still required

Recommendations

Businesses should:

1. Review their equipment maintenance and repair procedures
2. Evaluate potential cost savings from third-party repair options
3. Ensure repair vendors understand and comply with the exemption's limitations
4. Monitor developments in this area, as the scope of permitted activities may evolve

For More Information

For questions about how this exemption may affect your business or for assistance in developing compliant repair policies, please contact Victor Johnson (victor.johnson@dentons.com), James Tuck (james.tuck@dentons.com), or anyone from the Dentons US Intellectual Property & Technology Group.

This alert is for informational purposes only and does not constitute legal advice. Please consult with legal counsel for advice specific to your circumstances.