```

[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;

[[Page 132 STAT. 3669]]

            ``(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:
---------------------------------------------------------------------------

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.

                                  <all>
```