Official statements from the U.S. Copyright Office

U.S. Copyright Office Denies DMCA Exemption for Video Game Preservationists

Oct 25, 2024, 08:13 PM

The U.S. Copyright Office has ruled against a DMCA exemption that would allow researchers to remotely access old and out-of-print video games for study purposes. This decision denies the request from video game preservationists to let libraries, archives, and museums lend emulated versions of physical games via remote access. The ruling was made on the grounds that the proposed requirements were not specific enough to prevent potential market harms. Proponents of the exemption argued that human review of access requests and warnings could mitigate these concerns, but the Copyright Office remained unconvinced. Publishers expressed fears that preserved retro video games could be used for recreational purposes, leading to the rejection of the legal appeal. The Video Game History Foundation has expressed disappointment with the decision.