II 

115TH CONGRESS 

2D SESSION S. 2559 

To amend title 17, United States Code, to implement the Marrakesh Treaty, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2018 

Mr. GRASSLEY (for himself, Mrs. FEINSTEIN, Mr. CORKER, Mr. MENENDEZ, 

Mr. HATCH, Ms. HARRIS, and Mr. LEAHY) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 17, United States Code, to implement the 

Marrakesh Treaty, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Marrakesh Treaty Im5 plementation Act’’. 

6 SEC. 2. IMPLEMENTATION AMENDMENTS. 

7 (a) IN GENERAL.—Chapter 1 of title 17, United 

8 States Code, is amended— 

9 (1) in section 121— 

10 (A) in subsection (a)— 


pbinns on DSK79D2C42PROD with BILLS
2 

•S 2559 IS

1 (i) by inserting ‘‘in the United States’’ 

2 after ‘‘distribute’’; 

3 (ii) by striking ‘‘, nondramatic’’; 

4 (iii) by inserting ‘‘or of a previously 

5 published musical work that has been fixed 

6 in the form of text or notation’’ after ‘‘lit7 erary work’’; 

8 (iv) by striking ‘‘specialized formats’’ 

9 and inserting ‘‘accessible formats’’; and 

10 (v) by striking ‘‘blind or other persons 

11 with disabilities’’ and inserting ‘‘eligible 

12 persons’’; 

13 (B) in subsection (b)(1)— 

14 (i) in subparagraph (A)— 

15 (I) by inserting ‘‘in the United 

16 States’’ after ‘‘distributed’’; 

17 (II) by striking ‘‘a specialized 

18 format’’ and inserting ‘‘an accessible 

19 format’’; and 

20 (III) by striking ‘‘blind or other 

21 persons with disabilities’’ and insert22 ing ‘‘eligible persons’’; and 

23 (ii) in subparagraph (B), by striking 

24 ‘‘a specialized format’’ and inserting ‘‘an 

25 accessible format’’; 


pbinns on DSK79D2C42PROD with BILLS
3 

•S 2559 IS

1 (C) in subsection (c)(3), by striking ‘‘spe2 cialized formats’’ and inserting ‘‘accessible for3 mats’’; and 

4 (D) in subsection (d)— 

5 (i) by striking paragraphs (2) and (4); 

6 (ii) by redesignating paragraph (1) as 

7 paragraph (2); 

8 (iii) by redesignating paragraph (3) as 

9 paragraph (4); 

10 (iv) by inserting before paragraph (2), 

11 as so redesignated, the following: 

12 ‘‘(1) ‘accessible format’ means an alternative 

13 manner or form that gives an eligible person access 

14 to the work when the copy or phonorecord in the ac15 cessible format is used exclusively by the eligible per16 son to permit him or her to have access as feasibly 

17 and comfortably as a person without such disability 

18 as described in paragraph (3);’’; 

19 (v) by inserting after paragraph (2), 

20 as so redesignated, the following: 

21 ‘‘(3) ‘eligible person’ means an individual who, 

22 regardless of any other disability— 

23 ‘‘(A) is blind; 

24 ‘‘(B) has a visual impairment or perceptual 

25 or reading disability that cannot be improved to 


pbinns on DSK79D2C42PROD with BILLS
4 

•S 2559 IS

1 give visual function substantially equivalent to 

2 that of a person who has no such impairment 

3 or disability and so is unable to read printed 

4 works to substantially the same degree as a 

5 person without an impairment or disability; or 

6 ‘‘(C) is otherwise unable, through physical 

7 disability, to hold or manipulate a book or to 

8 focus or move the eyes to the extent that would 

9 be normally acceptable for reading; and’’; and 

10 (vi) in paragraph (4), as so redesig11 nated, by striking ‘‘; and’’ at the end and 

12 inserting a period; and 

13 (2) by inserting after section 121 the following: 

14 ‘‘§ 121A. Limitations on exclusive rights: reproduc15 tion for blind or other people with dis16 abilities in Marrakesh Treaty countries 

17 ‘‘(a) Notwithstanding the provisions of sections 106 

18 and 602, it is not an infringement of copyright for an au19 thorized entity, acting pursuant to this section, to export 

20 copies or phonorecords of a previously published literary 

21 work or of a previously published musical work that has 

22 been fixed in the form of text or notation in accessible 

23 formats to another country when the exportation is made 

24 either to— 


pbinns on DSK79D2C42PROD with BILLS
5 

•S 2559 IS

1 ‘‘(1) an authorized entity located in a country 

2 that is a Party to the Marrakesh Treaty; or 

3 ‘‘(2) an eligible person in a country that is a 

4 Party to the Marrakesh Treaty, 

5 if prior to the exportation of such copies or phonorecords, 

6 the authorized entity engaged in the exportation did not 

7 know or have reasonable grounds to know that the copies 

8 or phonorecords would be used other than by eligible per9 sons. 

10 ‘‘(b) Notwithstanding the provisions of sections 106 

11 and 602, it is not an infringement of copyright for an au12 thorized entity or an eligible person, or someone acting 

13 on behalf of an eligible person, acting pursuant to this 

14 section, to import copies or phonorecords of a previously 

15 published literary work or of a previously published musi16 cal work that has been fixed in the form of text or notation 

17 in accessible formats. 

18 ‘‘(c) In conducting activities under subsection (a) or 

19 (b), an authorized entity shall establish and follow its own 

20 practices, in keeping with its particular circumstances, 

21 to— 

22 ‘‘(1) establish that the persons the authorized 

23 entity serves are eligible persons; 


pbinns on DSK79D2C42PROD with BILLS
6 

•S 2559 IS

1 ‘‘(2) limit to eligible persons and authorized en2 tities the distribution of accessible format copies by 

3 the authorized entity; 

4 ‘‘(3) discourage the reproduction and distribu5 tion of unauthorized copies; 

6 ‘‘(4) maintain due care in, and records of, the 

7 handling of copies of works by the authorized entity, 

8 while respecting the privacy of eligible persons on an 

9 equal basis with others; and 

10 ‘‘(5) facilitate effective cross-border exchange of 

11 accessible format copies by making publicly avail12 able— 

13 ‘‘(A) the titles of works for which the au14 thorized entity has accessible format copies or 

15 phonorecords and the specific accessible formats 

16 in which they are available; and 

17 ‘‘(B) information on the policies, practices, 

18 and authorized entity partners of the authorized 

19 entity for the cross-border exchange of acces20 sible format copies. 

21 ‘‘(d) Nothing in this section shall be construed to es22 tablish— 

23 ‘‘(1) a cause of action under this title; or 

24 ‘‘(2) a basis for regulation by any Federal agen25 cy. 


pbinns on DSK79D2C42PROD with BILLS
7 

•S 2559 IS

1 ‘‘(e) Nothing in this section shall be construed to 

2 limit the ability to engage in any activity otherwise per3 mitted under this title. 

4 ‘‘(f) For purposes of this section— 

5 ‘‘(1) the terms ‘accessible format’, ‘authorized 

6 entity’, and ‘eligible person’ have the meanings given 

7 those terms in section 121; and 

8 ‘‘(2) the term ‘Marrakesh Treaty’ means the 

9 Marrakesh Treaty to Facilitate Access to Published 

10 Works by Visually Impaired Persons and Persons 

11 with Print Disabilities concluded at Marrakesh, Mo12 rocco, on June 28, 2013.’’. 

13 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

14 sections for chapter 1 of title 17, United States Code, is 

15 amended by inserting after the item relating to section 

16 121 the following: 

‘‘121A. Limitations on exclusive rights: reproduction for blind or other people 

with disabilities in Marrakesh Treaty countries.’’. 

Æ 


pbinns on DSK79D2C42PROD with BILLS