Marrakesh Treaty Implementation Act

To amend title 17, United States Code, to implement the Marrakesh Treaty, and for other purposes. 1. Short title This Act may be cited as the Marrakesh Treaty Implementation Act 2. Implementation amendments (a) In general Chapter 1 (1) in section 121— (A) in subsection (a)— (i) by inserting in the United States 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 literary work (iv) by striking specialized formats accessible formats (v) by striking blind or other persons with disabilities eligible persons (B) in subsection (b)(1)— (i) in subparagraph (A)— (I) by inserting in the United States distributed (II) by striking a specialized format an accessible format (III) by striking blind or other persons with disabilities eligible persons (ii) in subparagraph (B), by striking a specialized format an accessible format (C) in subsection (c)(3), by striking specialized formats accessible formats (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) by inserting before paragraph (2), as so redesignated, the following: (1) accessible format ; (v) by inserting after paragraph (2), as so redesignated, the following: (3) eligible person (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 (2) by inserting after section 121 the following: 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; (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 eligible person (2) the term Marrakesh Treaty . (b) Table of sections amendment The table of sections for chapter 1 section 121 121A. Limitations on exclusive rights: reproduction for blind or other people with disabilities in Marrakesh Treaty countries. . May 15, 2018 Reported without amendment

Summary: Marrakesh Treaty Implementation Act (Sec. 2) This bill amends federal copyright law to implement the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty). Specifically, it modifies the limitations and exceptions to federal copyright infringement that allow published works to be reproduced and distributed in accessible formats for individuals with print disabilities. The bill: makes such limitations and exceptions applicable only to activities in the United States, broadens the scope of published works that may be reproduced and distributed in accessible formats, and modifies certain terms and definitions to conform with the Marrakesh Treaty. Additionally, the bill adds a new section to allow published works in accessible formats to be exported and imported for individuals with print disabilities.