    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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 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) <>  by inserting
    before paragraph (2), as so redesignated, the
    following:

    [[Page 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. <>  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 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) <>  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.''.

    (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.

    LEGISLATIVE HISTORY--S. 2559:
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    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.