For those who have not yet read these documents, I would strongly recommend that you review the Copyright Office’s official and semi-official guidance on the TDM and related exceptions in the US over the last few years.
They provide very clear guardrails around what the exception means in their opinion, and very clear explanation of why. Note especially the frequent and specific use of non-commercial, scholarly, and teaching.
- Federal Register :: Exemptions To Permit Circumvention of Access Controls on Copyrighted Works
- Federal Register :: Artificial Intelligence and Copyright
- Federal Register :: Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
- Federal Register :: Exemptions To Permit Circumvention of Access Controls on Copyrighted Works
The TDM guidance is often referred to but it strikes me that few appreciate the narrow parameters it applies in.