[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR201.40]

[Page 505-506]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 201--GENERAL PROVISIONS--Table of Contents
 
Sec. 201.40  Exemption to prohibition against circumvention.

    (a) General. This section prescribes the classes of copyrighted 
works for which the Librarian of Congress has determined, pursuant to 17 
U.S.C. 1201(a)(1)(C) and (D), that noninfringing uses by persons who are 
users of such works are, or are likely to be, adversely affected. The 
prohibition against circumvention of technological measures that control 
access to copyrighted works set forth in 17 U.S.C. 1201(a)(1)(A) shall 
not apply to such users of the prescribed classes of copyrighted works.
    (b) Classes of copyrighted works. Pursuant to the authority set 
forth in 17 U.S.C. 1201(a)(1)(C) and (D), and upon the recommendation of 
the Register of copyrights, the Librarian has determined that two 
classes of copyrighted works shall be subject to the exemption found in 
17 U.S.C. 1201(a)(1)(B) from the prohibition against circumvention of 
technological measures that effectively control access to copyrighted 
works set forth in 17 U.S.C. 1201(a)(1)A) for the period from October 
28, 2000 to October 28, 2003. The exempted classes of works are:
    (1) Compilations consisting of lists of websites blocked by 
filtering software applications; and

[[Page 506]]

    (2) Literary works, including computer programs and databases, 
protected by access control mechanisms that fail to permit access 
because of malfunction, damage or obsoleteness.

[65 FR 64574, Oct. 27, 2000]