An act to amend title 17, United States Code, to implement the Marrakesh Treaty, and for other purposes
PL 115-261 (S.2559), enacted 10/09/2018

132 STAT. 3667 
PUBLIC LAW 115–261—OCT. 9, 2018 
Public Law 115–261 
115th Congress 
An Act 
To amend title 17, United States Code, to implement the Marrakesh Treaty, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Marrakesh Treaty Implementa-
tion 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 ‘‘dis-
tribute’’; 
(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 disabil-
ities’’ 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 for-
mats’’ 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) by inserting before paragraph (2), as so 
redesignated, the following: 
Definitions. 
Marrakesh 
Treaty 
Implementation 
Act. 
17 USC 101 note. 
Oct. 9, 2018 
[S. 2559] 
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132 STAT. 3668 
PUBLIC LAW 115–261—OCT. 9, 2018 
‘‘(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 exclu-
sively 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 redesig-
nated, 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: 
‘‘§ 121A. Limitations on exclusive rights: reproduction for 
blind or other people with disabilities in Marra-
kesh 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 pre-
viously 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; 
17 USC 121A. 
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132 STAT. 3669 
PUBLIC LAW 115–261—OCT. 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. 
‘‘(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 spe-
cific accessible formats in which they are available; and 
‘‘(B) information on the policies, practices, and author-
ized 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.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of sections 
for chapter 1 of title 17, United States Code, 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. 
17 USC 
prec. 101. 
Definitions. 
Public 
information. 
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