MEMA Proposal Granting Access to Right to-Repair Data Approved by U.S. Copyright Office

RESEARCH TRIANGLE PARK, N.C. – MEMA Aftermarket Suppliers’ petition for a new exemption to the Digital Millennium Copyright Act (DMCA)’s anti-circumvention provisions—which prohibit bypassing copyright protection systems—was officially accepted by the Register of Copyrights in the Ninth Triennial Rulemaking Proceeding under the DMCA.  

The exemption, submitted by aftermarket suppliers, allows consumers or those acting on their behalf to access their vehicle’s telematics and vehicle operational data and —just as important—to share that data with third-party repairers.   

This position taken by the Copyright Office, and support issued by the Department of Justice (DOJ) and the Federal Trade Commission (FTC), counters automaker arguments that the REPAIR Act would violate copyright and create cybersecurity issues. This builds more support and momentum for the push to pass the REPAIR Act in 2025. 

The Copyright Office was persuaded by the supplier communities’ argument that third-party repairers must have this access to data as increasingly complex vehicle technology has driven up service costs and increased the burden on highly skilled repairers to perform the service. The Register also agreed that this data could be accessed in a cybersecure way.   

MEMA submitted its petition in August 2023 to the U.S. Copyright Office. In March, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) submitted comments supporting MEMA’s position.  

The exemption will be in effect until October 2027. 

Vehicle operational data, including telematics data, is data a vehicle automatically generates, which includes information about speed, fuel consumption, faults, and other aspects of its operation. Telematics are vital to helping diagnose and prognose vehicle repair and service, which can increase consumer safety and reduce both repair costs and vehicle downtime.   

About MEMA Aftermarket Suppliers 

MEMA Aftermarket Suppliers exclusively serves manufacturers of aftermarket components, tools and equipment, and related products, an important part of the automotive parts manufacturing industry which supports over 900,000 American jobs in all 50 states. MEMA Aftermarket Suppliers is a recognized industry change agent—promoting a collaborative industry environment, providing a forum to address issues, and serving as a valued resource for member companies. Members represent all areas of the aftermarket including light vehicle, commercial vehicle, and remanufacturing. MEMA Aftermarket Suppliers is a membership group within MEMA, The Vehicle Suppliers Association. 

MEMA is the leading North American trade association for vehicle suppliers, parts manufacturers, and remanufacturers. Automotive and commercial vehicle suppliers are the largest manufacturing sector in the United States and lead the way in new vehicle innovations. MEMA has been the voice of the vehicle supplier industry since 1904. Its more than 1,000 members are Strong by Association.
 
Members supply the aftermarket with the parts that keep millions of vehicles on the road, fueling international commerce and meeting society's transportation needs. MEMA members are committed to safety and sustainability. 

MEMA has offices in Southfield, Mich.; Research Triangle Park, N.C.; and Washington, D.C. Learn more at mema.org/aftermarket-suppliers.