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17 U.S.C. § 121Limitations on exclusive rights: Reproduction for blind or other people with disabilities

submitted 30 years ago by Pub. L. 104-197 to r/title-17-COPYRIGHTS · 559 words · no verdicts yet

in plain englishAI-generated · not legal advice

Nonprofits and government agencies can make accessible copies of published books and music. This helps blind and disabled readers, and doesn't infringe copyright. These copies must carry special notices and stay limited to eligible users. Textbook publishers can also share accessible files with a national center for schools.

(a) The basic rule. Normally, copying or distributing a published book or piece of sheet music without permission infringes copyright (under section 106). But this section says it's not infringement when an "authorized entity" reproduces or distributes copies in "accessible formats" — like braille or audio — and does so only for "eligible persons," as those terms are defined below. (b) Rules for those accessible copies. (1) Any copy made under this section must: stay in an accessible format and go only to eligible people — it can't be reproduced or distributed in any other format; carry a notice saying that reproducing or distributing it in a non-accessible format is copyright infringement; and include a copyright notice naming the copyright owner and the date the work was first published. (2) This section does not cover standardized, secure, or norm-referenced tests and related testing materials, or computer programs — except for the parts of a computer program written in ordinary human language (including descriptions of pictures) that users normally see while using the program. (c) Textbook publishers and the national accessibility center. Separately, it's not infringement for a publisher of print instructional materials for elementary or secondary schools to create and send the National Instructional Materials Access Center electronic files of those materials — built to the National Instructional Material Accessibility Standard — as long as: a state or local school agency required the materials to include that content; the publisher already had the right to publish the materials in print; and the copies are used only to reproduce or distribute the material's content in accessible formats. (d) Definitions. (1) "Accessible format" means a version of the work that lets an eligible person use it, as long as only eligible people actually use that version — giving them access about as easily and comfortably as someone without the relevant disability. (2) "Authorized entity" means a nonprofit organization or government agency whose main mission is providing specialized training, education, adaptive reading, or information-access services to blind people or people with other disabilities. (3) "Eligible person" means anyone who, regardless of any other disability: is blind; has a visual impairment or a perceptual or reading disability that can't be corrected enough to read printed material about as well as someone without the disability; or has a physical disability that keeps them from holding or handling a book, or from focusing or moving their eyes enough to read normally. (4) "Print instructional materials" has the meaning given in section 674(e)(3)(C) of the Individuals with Disabilities Education Act.
the actual law source: uscode.house.gov ↗public domain
(a)

Notwithstanding the provisions of section 106, it is not an infringement of copyright for an authorized entity to reproduce or to distribute in the United States 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 if such copies or phonorecords are reproduced or distributed in accessible formats exclusively for use by eligible persons.

(b)
(1)

Copies or phonorecords to which this section applies shall—

(A)

not be reproduced or distributed in the United States in a format other than an accessible format exclusively for use by eligible persons;

(B)

bear a notice that any further reproduction or distribution in a format other than an accessible format is an infringement; and

(C)

include a copyright notice identifying the copyright owner and the date of the original publication.

(2)

The provisions of this subsection shall not apply to standardized, secure, or norm-referenced tests and related testing material, or to computer programs, except the portions thereof that are in conventional human language (including descriptions of pictorial works) and displayed to users in the ordinary course of using the computer programs.

(c)

Notwithstanding the provisions of section 106, it is not an infringement of copyright for a publisher of print instructional materials for use in elementary or secondary schools to create and distribute to the National Instructional Materials Access Center copies of the electronic files described in sections 612(a)(23)(C), 613(a)(6), and section 674(e) of the Individuals with Disabilities Education Act that contain the contents of print instructional materials using the National Instructional Material Accessibility Standard (as defined in section 674(e)(3) of that Act), if—

(1)

the inclusion of the contents of such print instructional materials is required by any State educational agency or local educational agency;

(2)

the publisher had the right to publish such print instructional materials in print formats; and

(3)

such copies are used solely for reproduction or distribution of the contents of such print instructional materials in accessible formats.

(d)

For purposes of this section, the term—

(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);

(2)

“authorized entity” means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities;

(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

(4)

“print instructional materials” has the meaning given under section 674(e)(3)(C) of the Individuals with Disabilities Education Act.

Source credit: (Added Pub. L. 104–197, title III, § 316(a), Sept. 16, 1996, 110 Stat. 2416; amended Pub. L. 106–379, § 3(b), Oct. 27, 2000, 114 Stat. 1445; Pub. L. 107–273, div. C, title III, § 13210(3)(A), Nov. 2, 2002, 116 Stat. 1909; Pub. L. 108–446, title III, § 306, Dec. 3, 2004, 118 Stat. 2807; Pub. L. 115–261, § 2(a)(1), Oct. 9, 2018, 132 Stat. 3667.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-197 · 110 Stat. 2416
  • 2000Amended · Pub. L. 106-379 · 114 Stat. 1445
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1909
  • 2004Amended · Pub. L. 108-446 · 118 Stat. 2807
  • 2018Amended · Pub. L. 115-261 · 132 Stat. 3667

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-197 on 1996-09-16.

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