In this fifth episode in a seven-part series about using the Code of Best Practices in Fair Use, you’ll learn :

  • What the DMCA anti-circumvention provisions are and how they relate to copyright, fair use, and the Code
  • How the triennial exemption rulemaking works and how SPN obtained an exemption for software (and video game) preservation
  • How to apply the new exemption to your own activities


Peter Jazsi (American University)

Professor Emeritus at American University Washington College of Law and Founder of the Glushko-Samuelson Intellectual Property Law Clinic. Professor Jaszi is one of the originators of the fair use best practices movement and co-author of the Code of Best Practices for Fair Use in Software Preservation.

Krista Cox (Association of Research Libraries)

Director of Public Policy Initiatives at Association of Research Libraries and co-author of the Code of Best Practices for Fair Use in Software Preservation.


Lyndsey Moulds (Rhizome)

Software Curator at Rhizome, a digital art non-profit founded in 1996, where she works to preserve software and restage legacy pieces of net art. She manages Rhizome’s software collection and computer environments, with a focus on browsers and other web-related programs.

Kendra Albert (Cyberlaw Clinic @ Berkman Klein Center for Internet and Society)

Clinical Instructional Fellow at the Cyberlaw Clinic and Lecturer on Law at Harvard Law School. They have fought for and successfully received exemptions for video game preservation with the Electronic Frontier Foundation (2015) and for software preservation on behalf of SPN in 2018.

Jonathan Band (Library Copyright Alliance, Jonathan Band, PLLC)

Copyright expert and counsel to the Library Copyright Alliance. In this role, among other work, has participated in the Copyright Office’s 1201 rulemaking process, including submitting requests for exemptions and testifying to the need for particular exemptions supported by the library community.

Supplementary materials:

Websites & Blogs

 Articles, Reports & Presentations

Preferred citation:

Aufderheide, Patricia. (2019, March 25). Episode 5: Understanding the Anti-circumvention Rules and the Preservation Exemptions. Software Preservation Network.