Official statements or publications from the US Copyright Office

US Copyright Office Rejects DMCA Exemption for Video Game History Foundation's Preservation Efforts

Oct 28, 2024, 08:30 AM

The US Copyright Office has rejected a proposed exemption to the Digital Millennium Copyright Act (DMCA) that would allow libraries and archives to provide researchers with remote access to out-of-print video games. The Video Game History Foundation, which had been advocating for this exemption, expressed disappointment and stated that it is 'not done fighting.' Historians and not-for-profits had been campaigning to give researchers of vintage video games the same rights as researchers in other fields of media. The decision has led to criticism from various quarters, with some historians noting that US copyright law forces researchers to explore extra-legal methods for game preservation. The rejection also means that the DMCA rules will not change, impacting the game preservation initiative.