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17 U.S.C. § 121ALimitations on exclusive rights: reproduction for blind or other people with disabilities in Marrakesh Treaty countries

submitted 8 years ago by Pub. L. 115-261 to r/title-17-COPYRIGHTS · 476 words · no verdicts yet

in plain englishAI-generated · not legal advice

Nonprofits can send accessible-format books, like braille, to other countries that joined the Marrakesh Treaty. They can also import accessible copies from those countries. Groups doing this must verify users are eligible and keep good records.

(a) Exporting accessible copies. Normally, exporting copies of a published book or piece of music without permission could infringe copyright (under sections 106 and 602). But this section says it's not infringement for an "authorized entity" to export accessible-format copies of a previously published literary work or piece of sheet music to another country, as long as the export goes to: an authorized entity in a country that has joined the Marrakesh Treaty, or an eligible person in a Marrakesh Treaty country — but only if, before exporting, the entity didn't know and had no reasonable grounds to know the copies would end up being used by anyone other than eligible people. (b) Importing accessible copies. It's also not infringement for an authorized entity, an eligible person, or someone acting for an eligible person, to import accessible-format copies of that kind of previously published work. (c) Practices authorized entities must follow. When exporting or importing under (a) or (b), an authorized entity must set up and follow its own practices — suited to its situation — to: confirm the people it serves are actually eligible persons; make sure only eligible persons and other authorized entities receive the accessible copies it distributes; discourage people from making or spreading unauthorized copies; take reasonable care in handling copies and keep records of that handling, while still respecting eligible persons' privacy the same as anyone else's; and help other countries exchange accessible copies by publicly listing which works it has accessible copies of (and in what formats), along with information about its policies, practices, and partner organizations for this kind of cross-border exchange. (d) What this section doesn't create. Nothing in this section creates a new right to sue under copyright law, or gives any federal agency a new basis to regulate this activity. (e) What this section doesn't limit. Nothing in this section restricts anyone's ability to do anything else that copyright law already allows. (f) Definitions. The terms "accessible format," "authorized entity," and "eligible person" mean the same things they mean in section 121. "Marrakesh Treaty" means the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities, signed in Marrakesh, Morocco, on June 28, 2013.
the actual law source: uscode.house.gov ↗public domain
(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;

(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)

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)

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.

Source credit: (Added Pub. L. 115–261, § 2(a)(2), Oct. 9, 2018, 132 Stat. 3668.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-261 · 132 Stat. 3668

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-261 on 2018-10-09.

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