AASA Lauds Exemptions To The Digital Millennium Copyright Act 

AASA Lauds Exemptions To The Digital Millennium Copyright Act 

Exemptions to the Digital Millennium Copyright Act will allow access for independent repair providers, according to AASA.

In what the Motor & Equipment Manufacturers Association (MEMA) is calling a “victory for motor vehicle suppliers and the independent aftermarket,” the Library of Congress has expanded exemptions to the Digital Millennium Copyright Act (DMCA) that allow greater access to vehicle software by independent repair providers for diagnostic and repair services. MEMA, and two of its divisions, the Automotive Aftermarket Suppliers Association (AASA) and MERA – The Association for Sustainable Manufacturing, had requested these exemptions in the DMCA to protect consumer choice in both automotive replacement components and service.

In a notice published in the Federal Register, the Acting Director of the U.S. Copyright Office acknowledged MEMA’s comments in support of expanding exemptions for vehicle repair to allow third-party providers to service vehicles on behalf of owners. The existing exemption for vehicle software only applied to vehicle owners and prevented third party service providers from performing diagnostic and repair work.

“This is an important issue for MEMA, AASA and MERA, striking at the heart of consumers’ freedom to choose where their vehicles are maintained and how they are repaired,” said Bill Long, AASA president and COO and executive vice president, government affairs, MEMA. “We are pleased that the U.S. Copyright Office heard the voice of automotive aftermarket suppliers on this critical issue.”

The new exemption for motorized land vehicles “removes the requirement that circumvention be undertaken by the authorized owner of the vehicle, instead providing that it apply where such items are lawfully acquired.” This could extend to third party service providers, provided they do not violate anti-trafficking provisions of copyrighted software.

In addition, the Copyright Office also removed the language excluding access to computer programs for the control of telematics or entertainment systems, due to the “increasing integration of vehicle computer systems.” However, the Copyright office stated: “While the broadened exemption permits incidental access to a vehicle infotainment system, it provides that such access is allowed only to the extent it is a necessary step to allow the diagnosis, repair, or lawful modification of a vehicle function” and includes the additional requirement that circumvention may not be “accomplished for the purposes of gaining unauthorized access to other copyrighted works.”

MEMA says its legal counsel is currently reviewing the notice and is working on a more thorough analysis.

As it did during the sixth triennial review of the DMCA, MEMA asserted in March 2018 that the U.S. Copyright Office can issue a narrowly-tailored exemption for vehicle diagnosis, repair or modification that better communicates the intent of the current vehicle repair exemption while remaining faithful to existing law.

In the March 2018 comments, MEMA argued that striking a balanced exemption would preserve consumers’ right to choose their automotive repair service provider: “MEMA is confident that the Copyright Office can once again strike an appropriate balance between the rights of vehicle owners and the rights of intellectual property owners. One way to do so would be to define exemption beneficiaries less restrictively, while retaining the other restrictions in the existing exemption for vehicle diagnosis, repair and modification. Such an exemption would not provide a green light to companies to traffic in products designed to circumvent access and copy controls. It would merely recognize that existing law already authorizes consumers to have their vehicles repaired and serviced by vehicle repair technicians of their choosing and give them a means of doing so.”

You May Also Like

Auto Care Association Launches REPAIR Act Video

The goal is to emphasize the need for federal REPAIR Act legislation, according to the Auto Care Association.

Right to repair 2

The Auto Care Association launched a new Right to Repair video campaign, featuring independent repair shop owners from across the United States share their stories and shed light on the increased challenges independent repair shops are facing with accessing repair data to service their customers’ vehicles. 

The video campaign emphasizes the need for the Right to Equitable and Professional Auto Industry Repair Act (“REPAIR” Act), which ensures vehicle owners and repair shops have access to tools and data needed to keep cars and trucks on the road safer, longer.

MEMA Q1 Webinar to Feature Wedbush Analyst Seth Basham

The webinar is scheduled for 1 p.m. ET on March 13.

Seth Basham MEMA
New Sponsorship Opportunities for Auto Care Connect

Auto Care Connect, taking place May 5-8 in downtown Chicago, annually brings together professionals from across the auto care sector.

Auto Care Connect
National Auto Body Council Welcomes Empire Auto Parts

Empire operates from 39 locations throughout 24 states in the eastern U.S. with an inventory of more than 48,000 SKUs.

National Auto Body Council Welcomes Empire Auto Parts
Auto Care Association Certified as a Great Place to Work

“This prestigious award is a testament to the association’s commitment to creating an inclusive, supportive and dynamic work environment for its employees,” Auto Care said.

Auto Care Great Place to Work

Other Posts

Maryland Teamsters Call for Passage of HB 1447

The legislation would protect middle-class jobs and motorist safety, according to the International Brotherhood of Teamsters.

Maryland Teamsters Call for Passage of HB 1447
NTEA Installs Jason Ritchey as 60th Board Chair

Ritchey has spent nearly 25 years in the work truck industry, and has served as president and owner of Curry Supply Co. since 2011.

NTEA Board Installs Jason Ritchey as 60th Board Chair
YANG Holds Regional Meetup in Conjunction with CAWA Forum

Sponsored by GB Remanufacturing, the event took place on Feb. 22 at the Silverado Resort & Spa in Napa, California.

YANG Regional Meetup
MEMA Welcomes Susan Pase in Strategic Retainer Agreement

Pase’s expertise spans many areas, including navigating industry trends, formulating strategies and increasing customer engagement.

MEMA Welcomes Susan Pase in Strategic Retainer Agreement