Working Together to Make 
Repair-Friendly Public Policy

A brief about the importance of Right to Repair legislation

In an era defined by rapid technological advancements, the concept of ownership is being eroded. At the heart of this issue is the Right to Repair movement, fighting for consumers' ability to repair their own devices without facing legal or technical barriers. Surprisingly, the United States lags behind in enacting comprehensive Right to Repair laws, leaving consumers tethered to manufacturers for basic repairs. This is not just an inconvenience; it's an issue of economic, environmental, and social justice.


At least 40 states have introduced some form of Right to Repair legislation, but the fight is far from over. These laws aim to give individuals and independent repair shops the legal right to access service information, replacement parts, and software tools to fix electronic equipment—be it smartphones, tractors, or medical devices.


The Right to Repair movement is gaining traction. In the past two years alone, four states have seen successful legislative campaigns led by dedicated advocates and lawmakers. This template serves as a comprehensive guide, summarizing the key lessons and strategies that have propelled the movement forward. It's high time we ensured that consumers have the freedom to choose how to repair their own devices, rather than being held hostage by manufacturer monopolies.

Much like insurance programs, Right to Repair laws can differ by jurisdiction but often encompass the following key aspects:

  1. Access to Diagnostic Tools: The right for consumers and independent repair shops to access the same diagnostic and repair tools that are available to the original manufacturer.
  2. Replacement Parts: Ensuring that consumers can purchase genuine replacement parts at fair market prices, either directly from the manufacturer or through third-party vendors.
  3. Software and Firmware: Granting the ability to bypass software locks that prevent repairs, as long as it doesn't infringe upon proprietary software or intellectual property rights.
  4. Documentation: Providing comprehensive repair manuals, schematics, and other documentation to facilitate effective repairs.
  5. Anti-Retaliation: Protection against voiding warranties or other retaliatory measures from manufacturers when consumers or independent shops perform repairs.
  6. Contracts: Addressing the role of unfair and deceptive contracts like EULAs that are non-negotiable and alter the intent of the purchase. The legislative focus is on combating the abusive nature of these contracts rather than the technology itself.
  7. Exemptions: Understanding that certain industries or product categories, like motor vehicles, may be exempt due to existing agreements or laws. These exemptions can inadvertently create repair monopolies and should be carefully considered.
  8. Enforcement: Utilizing the power of the state Attorney General for law enforcement and issuing fines as incentives for state-led compliance. Alternative enforcement mechanisms can also be considered.

In states that have enacted Right to Repair laws, the legislation often involves a multi-faceted approach. It's not just about passing the law; it also includes implementing an enforcement mechanism, engaging with manufacturers for compliance, and educating consumers and repair shops about their rights and responsibilities.


Compensation Models

In a Right to Repair context, the 'compensation' often comes in the form of fair market pricing for replacement parts and services. Most states advocate for a pricing model that is equitable, ensuring that consumers aren't priced out of the repair market.


Protection Measures

To ensure that all consumers can exercise their right to repair, these laws often include clauses that protect against warranty voiding and other forms of manufacturer retaliation. This means you have the right to repair your devices without fear of losing manufacturer support or legal repercussions.



Understanding the evolution of Right to Repair laws is crucial for both advocates and the general public. Here are the key differences between the 2023 and 2024 legislative templates:

  1. Parts Pairing: The 2024 version explicitly prohibits parts pairing, enhancing the scope for third-party repairs.
  2. Embedded Software: Introduced in 2024, highlighting the role of software in equipment functionality and repair.
  3. Fair and Reasonable Terms: The 2024 version elaborates on what constitutes "fair and reasonable terms," particularly for tools and documentation.
  4. Enforcement: The 2024 document specifically allows the Attorney General to act based on unfair or deceptive practices.
  5. Limitations and Exclusions: New details are added, such as not requiring documentation to disable anti-theft measures without the owner's consent.
  6. Applicability: The 2024 Act applies to equipment sold on or after July 1, 2015.
  7. Effective Dates: The 2024 Act takes effect six months after becoming law, whereas the 2023 Act takes effect one year after.

The Repair Association is actively engaged with promoting legislation at both the state and federal level.  There is no single solution.  State laws can require manufacturers to share the information necessary for repair, which isn't a copyright issue.  Copyright reform can limit or remove DRM, which states cannot do.  Both types of laws are necessary and we work on both. 

FEDERAL LEGISLATION: 

We’ve been very successful in removing the threat of copyright violations for most repair activities. The latest round of 1201 Exemption Requests has validated our logic and paved the way for widespread access to consumer repair.

OCTOBER 2021 Copyright Regulator Eases on Research, Education, and Repair

This round expanded and renewed exemptions already granted, and added clarity to repair of medical devices and boats. (yup - we missed asking about marine uses in the 2018 round). The Librarian approved an exemption for replacement of the optical drive on gaming equipment, but not for other parts. The 1201 process remains exasperating. We are working with legislators in Congress to create more permanent exemptions and to allow for the production of assistive repair tools.

OCTOBER 2018 US Copyright Office Enables Repair of Just About Everything

The USCO agreed with our arguments that consumers should be able to fix their stuff — even if it means someone has to break a software lock. Even better — its now legal to hire someone to help you fix your stuff.

They USCO did not agree that computer gaming stations should be open to repair — and some equipment such as planes and boats didn’t fall into the category of exemptions for “Land Based Motor Vehicles” but you can fix your home appliances, IOT Devices cell phones and computers without violating copyright law.

December 2016 : Copyright Office Study on Embedded Software and Repair

Following a full year of study, hearings, and stakeholder events, the US Copyright office published their findings.  They concluded the manufacturers are blocking repair with the false threat of copyright infringement, but the real culprit lies in contract law, particularly End User License Agreements ("EULA").  When we buy equipment we have the widespread right to repair and tinker, but once agreed otherwise, as within a EULA, the contract supersedes copyright law. Therefore, the legislative solution for unlocking repair belongs to states - which have control over general business law and contracts. 

For more details and our analysis - click here. 

June, 2017: COPYRIGHT STUDY ON SECTION 1201 (DRM)

The Copyright Office also conducted a separate study on the potential need to reform Section 1201 (known as "Anti-Circumvention") for Congress.  This study agreed with us that Section 1201 / DRM is a serious impediment to repair, and recommended a permanent exemption for repair and maintenance for everything except gaming equipment. 

It remains up to Congress to take up the recommendation and file legislation. 

For more details on the problems of DRM  - see #DayAgainstDRM

Regulations and Standards

August, 2017:  Repair.org Report on Electronic Recycling Standards

Repair.org members have been involved as members of standards bodies EPEAT, NSF and IEEE to promote repairability as the most effective form of electronic waste reduction possible.  After years of effort -- we have had to vote down a proposed IEEE server recycling standard as entirely lacking in leadership. 

June, 2017  Repair.org members engage with the FDA and Congress regarding repair of medical devices. 

Members IAMERS. Geisinger Health and ACCE members provided key testimony to the FDA and Congress on the challenges facing health care providers and their choice of repair services.   Repair.org filed testimony with Congress in support of independent repair.   

SUPREME Court

Repair.org filed an Amicus brief with ASCDI, EFF, Public Knowledge in support of Impression Products v Lexmark heard in the Supreme Court of the United States (SCOTUS).  We won -- impressively.   SCOTUS ruled emphatically that manufacturers have exhausted their control over products with the initial ("first") sale.  Once sold -- they cannot tell the new owner what to do.  

Further Reading

For further information on how US copyright law hinders consumers and the right to repair, see following articles:  

Right to Repair List

Right to Repair List

The table below showcases the states where Right to Repair legislation has been enacted, as illustrated by each row. The respective columns delineate the information that manufacturers are required to disclose, the monetary repercussions for non-adherence to the law, and the categories of devices encompassed by the legislation.

State and Bill Number Effective Penalties Repair Documentation Parts and Tools Consumer Electronics Farm Equipment Medical Devices Wheelchairs
California – SB-244 7/1/2024 $1,000/day ⬤ ⬤ ⬤
Colorado – HB22-1031 1/1/2023 $20,000 ⬤ ⬤ ⬤
Colorado – HB23-1011 1/1/2024 $20,000 ⬤ ⬤ ⬤
Minnesota – HF 1337 7/1/2024 >$25,000 ⬤ ⬤ ⬤
New York – S4106 12/28/2023 $500 ⬤ ⬤ ⬤

* The legislation in California and Minnesota applies retrospectively to products initially manufactured, sold, or utilized within the state commencing on July 1, 2021.

** The legislation in New York applies retrospectively to products initially manufactured, sold, or utilized within the state commencing on July 1, 2023.

*** For California: devices priced between $50 and $99.99, a support duration of three years from the date of initial sale or manufacture is mandated. Conversely, devices with a price exceeding $100 are required to have support for a minimum of seven years from the date of first sale or manufacture.