[115th Congress Public Law 261]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 3667]]
Public Law 115-261
115th Congress
An Act
To amend title 17, United States Code, to implement the Marrakesh
Treaty, and for other purposes. <<NOTE: Oct. 9, 2018 - [S. 2559]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Marrakesh Treaty
Implementation Act. 17 USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marrakesh Treaty Implementation
Act''.
SEC. 2. IMPLEMENTATION AMENDMENTS.
(a) In General.--Chapter 1 of title 17, United States Code, is
amended--
(1) in section 121--
(A) in subsection (a)--
(i) by inserting ``in the United States''
after ``distribute'';
(ii) by striking ``, nondramatic'';
(iii) by inserting ``or of a previously
published musical work that has been fixed in the
form of text or notation'' after ``literary
work'';
(iv) by striking ``specialized formats'' and
inserting ``accessible formats''; and
(v) by striking ``blind or other persons with
disabilities'' and inserting ``eligible persons'';
(B) in subsection (b)(1)--
(i) in subparagraph (A)--
(I) by inserting ``in the United
States'' after ``distributed'';
(II) by striking ``a specialized
format'' and inserting ``an accessible
format''; and
(III) by striking ``blind or other
persons with disabilities'' and
inserting ``eligible persons''; and
(ii) in subparagraph (B), by striking ``a
specialized format'' and inserting ``an accessible
format'';
(C) in subsection (c)(3), by striking ``specialized
formats'' and inserting ``accessible formats''; and
(D) in subsection (d)--
(i) by striking paragraphs (2) and (4);
(ii) by redesignating paragraph (1) as
paragraph (2);
(iii) by redesignating paragraph (3) as
paragraph (4);
(iv) <<NOTE: Definitions.>> by inserting
before paragraph (2), as so redesignated, the
following:
[[Page 132 STAT. 3668]]
``(1) `accessible format' means an alternative manner or
form that gives an eligible person access to the work when the
copy or phonorecord in the accessible format is used exclusively
by the eligible person to permit him or her to have access as
feasibly and comfortably as a person without such disability as
described in paragraph (3);'';
(v) by inserting after paragraph (2), as so
redesignated, the following:
``(3) `eligible person' means an individual who, regardless
of any other disability--
``(A) is blind;
``(B) has a visual impairment or perceptual or
reading disability that cannot be improved to give
visual function substantially equivalent to that of a
person who has no such impairment or disability and so
is unable to read printed works to substantially the
same degree as a person without an impairment or
disability; or
``(C) is otherwise unable, through physical
disability, to hold or manipulate a book or to focus or
move the eyes to the extent that would be normally
acceptable for reading; and''; and
(vi) in paragraph (4), as so redesignated, by
striking ``; and'' at the end and inserting a
period; and
(2) by inserting after section 121 the following:
``Sec. 121A. <<NOTE: 17 USC 121A.>> Limitations on exclusive
rights: reproduction for blind or other people
with disabilities in Marrakesh Treaty countries
``(a) Notwithstanding the provisions of sections 106 and 602, it is
not an infringement of copyright for an authorized entity, acting
pursuant to this section, to export copies or phonorecords of a
previously published literary work or of a previously published musical
work that has been fixed in the form of text or notation in accessible
formats to another country when the exportation is made either to--
``(1) an authorized entity located in a country that is a
Party to the Marrakesh Treaty; or
``(2) an eligible person in a country that is a Party to the
Marrakesh Treaty,
if prior to the exportation of such copies or phonorecords, the
authorized entity engaged in the exportation did not know or have
reasonable grounds to know that the copies or phonorecords would be used
other than by eligible persons.
``(b) Notwithstanding the provisions of sections 106 and 602, it is
not an infringement of copyright for an authorized entity or an eligible
person, or someone acting on behalf of an eligible person, acting
pursuant to this section, to import copies or phonorecords of a
previously published literary work or of a previously published musical
work that has been fixed in the form of text or notation in accessible
formats.
``(c) In conducting activities under subsection (a) or (b), an
authorized entity shall establish and follow its own practices, in
keeping with its particular circumstances, to--
``(1) establish that the persons the authorized entity
serves are eligible persons;
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``(2) limit to eligible persons and authorized entities the
distribution of accessible format copies by the authorized
entity;
``(3) discourage the reproduction and distribution of
unauthorized copies;
``(4) maintain due care in, and records of, the handling of
copies of works by the authorized entity, while respecting the
privacy of eligible persons on an equal basis with others; and
``(5) <<NOTE: Public information.>> facilitate effective
cross-border exchange of accessible format copies by making
publicly available--
``(A) the titles of works for which the authorized
entity has accessible format copies or phonorecords and
the specific accessible formats in which they are
available; and
``(B) information on the policies, practices, and
authorized entity partners of the authorized entity for
the cross-border exchange of accessible format copies.
``(d) Nothing in this section shall be construed to establish--
``(1) a cause of action under this title; or
``(2) a basis for regulation by any Federal agency.
``(e) Nothing in this section shall be construed to limit the
ability to engage in any activity otherwise permitted under this title.
``(f) <<NOTE: Definitions.>> For purposes of this section--
``(1) the terms `accessible format', `authorized entity',
and `eligible person' have the meanings given those terms in
section 121; and
``(2) the term `Marrakesh Treaty' means the Marrakesh Treaty
to Facilitate Access to Published Works by Visually Impaired
Persons and Persons with Print Disabilities concluded at
Marrakesh, Morocco, on June 28, 2013.''.
(b) Table of Sections Amendment.--The table of sections for chapter
1 of title 17, United States Code, <<NOTE: 17 USC 101 prec.>> is
amended by inserting after the item relating to section 121 the
following:
``121A. Limitations on exclusive rights: reproduction for blind or other
people with disabilities in Marrakesh Treaty countries.''.
Approved October 9, 2018.
LEGISLATIVE HISTORY--S. 2559:
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SENATE REPORTS: No. 115-261 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 164 (2018):
June 28, considered and passed Senate.
Sept. 25, considered and passed House.
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