§ 121. Limitations on exclusive rights: Reproduction for blind or other people with disabilities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Legislative Branch Appropriations Act, 1997

   Pub. L. 104–197 title III § 316(a) · 110 Stat. 2394

   Enacted · 17 U.S.C. § 121

   Added Pub. L. 104–197, title III, § 316(a), Sept. 16, 1996, 110 Stat. 2416

   Source evidence

   Code source credit
   Added Pub. L. 104–197, title III, § 316(a), Sept. 16, 1996, 110 Stat. 2416

   Enacted provision · exact public law section
   (a) In GENERAL.— Chapter 1 of title 17, United States Code, is amended by adding after section 120 the following new section: “§ 121. Limitations on exclusive rights: reproduction for blind or other people with disabilities “(a) Notwithstanding the provisions of sections 106 and 710, it is not an infringement of copyright for an authorized entity to reproduce or to distribute copies or phonorecords of a previously published, nondramatic literary work if such copies or phonorecords are reproduced or distributed in specialized formats exclusively for use by blind or other persons with disabilities. “(b) (1) Copies or phonorecords to which this section applies shall— “(A) not be reproduced or distributed in a format other than a specialized format exclusively for use by blind or other persons with disabilities; “(B) bear a notice that any further reproduction or distribution in a format other than a specialized format is an infringement; and “(C) include a copyright notice identifying the copyright owner and the date of the original publication. “(2) The provisions of this subsection shall not apply to standardized, secure, or norm-referenced tests and related testing material, or to computer programs, except the portions thereof that are in conventional human language (including descriptions of pictorial works) and displayed to users in the ordinary course of using the computer programs. “(c) For purposes of this section, the term— “(1) ‘authorized entity’ means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities; “(2) ‘blind or other persons with disabilities’ means individuals who are eligible or who may qualify in accordance with the Act entitled “An Act to provide books for the adult blind”, approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and other publications produced in specialized formats; and “(3) ‘specialized formats’ means braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities.”.

2. 2000

   Work Made For Hire and Copy­right Corrections Act of 2000

   Pub. L. 106–379 § 3(b) · 114 Stat. 1444

   Substituted · 17 U.S.C. § 121(a)

   Pub. L. 106–379 substituted “section 106” for “sections 106 and 710”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–379 substituted “section 106” for “sections 106 and 710”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 121(a) of title 17, United States Code, is amended by striking “sections 106 and 710” and inserting “section 106”.

3. 2002

   Intellectual Property and High Technology Technical Amendments Act of 2002

   Pub. L. 107–273 div. C title III § 13210(3)(A) · 116 Stat. 1758

   Substituted · 17 U.S.C. § 121

   Pub. L. 107–273 substituted “Reproduction” for “reproduction” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 107–273 substituted “Reproduction” for “reproduction” in section catchline.

   Enacted provision · exact public law section
   (A) The section heading for section 121 is amended by striking “reproduction” and inserting “Reproduction”.

4. 2004

   Individuals with Disabilities Education Improvement Act of 2004

   Pub. L. 108–446 § 306(2) · 118 Stat. 2647

   Redesignated · 17 U.S.C. § 121(c)

   Pub. L. 108–446, § 306(2), added subsec. (c). Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–446, § 306(2), added subsec. (c). Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   (2) by inserting after subsection (b) the following: “(c) Notwithstanding the provisions of section 106, it is not an infringement of copyright for a publisher of print instructional materials for use in elementary or secondary schools to create and distribute to the National Instructional Materials Access Center copies of the electronic files described in sections 612(a)(23)(C), 613(a)(6), and section 674(e) of the Individuals with Disabilities Education Act that contain the contents of print instructional materials using the National Instructional Material Accessibility Standard (as defined in section 674(e)(3) of that Act), if— “(1) the inclusion of the contents of such print instructional materials is required by any State educational agency or local educational agency; “(2) the publisher had the right to publish such print instructional materials in print formats; and “(3) such copies are used solely for reproduction or distribution of the contents of such print instructional materials in specialized formats.” ; and

5. 2004

   Individuals with Disabilities Education Improvement Act of 2004

   Pub. L. 108–446 § 306(1) · 118 Stat. 2647

   Redesignated · 17 U.S.C. § 121(d)

   Pub. L. 108–446, § 306(1), redesignated subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–446, § 306(1), redesignated subsec. (c) as (d).

   Enacted provision · exact public law section
   (1) by redesignating subsection (c) as subsection (d);

6. 2004

   Individuals with Disabilities Education Improvement Act of 2004

   Pub. L. 108–446 § 306(3) · 118 Stat. 2647

   1. Added · 17 U.S.C. § 121(d)(3); 17 U.S.C. § 121(d)(4)

      Pub. L. 108–446, § 306(3), added pars. (3) and (4)

   2. Struck · 17 U.S.C. § 121(d)(3); 17 U.S.C. § 121(d)(4)

      Pub. L. 108–446, § 306(3), struck out former par. (3) which read as follows: “ ‘specialized formats’ means braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities.”

   Source evidence

   Code amendment note
   Subsec. (d)(3), (4). Pub. L. 108–446, § 306(3), added pars. (3) and (4) and struck out former par. (3) which read as follows: “ ‘specialized formats’ means braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities.”

   Enacted provision · exact public law section
   (3) in subsection (d), as redesignated by this section— (A) in paragraph (2), by striking “and” after the semicolon; and (B) by striking paragraph (3) and inserting the following: “(3) ‘print instructional materials’ has the meaning given under section 674(e)(3)(C) of the Individuals with Disabilities Education Act; and “(4) ‘specialized formats’ means— “(A) braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities; and “(B) with respect to print instructional materials, includes large print formats when such materials are distributed exclusively for use by blind or other persons with disabilities.” .

7. 2018

   Marrakesh Treaty Implementation Act

   Pub. L. 115–261 § 2(a)(1)(A) · 132 Stat. 3667

   1. Inserted · 17 U.S.C. § 121(a)

      Pub. L. 115–261, § 2(a)(1)(A), inserted “in the United States” after “distribute” and “or of a previously published musical work that has been fixed in the form of text or notation” after “literary work”

   2. Struck · 17 U.S.C. § 121(a)

      Pub. L. 115–261, § 2(a)(1)(A), struck out “, nondramatic” after “previously published”

   3. Substituted · 17 U.S.C. § 121(a)

      Pub. L. 115–261, § 2(a)(1)(A), substituted “accessible formats” for “specialized formats”

   4. Substituted · 17 U.S.C. § 121(a)

      Pub. L. 115–261, § 2(a)(1)(A), substituted “eligible persons” for “blind or other persons with disabilities”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–261, § 2(a)(1)(A), inserted “in the United States” after “distribute” and “or of a previously published musical work that has been fixed in the form of text or notation” after “literary work”, struck out “, nondramatic” after “previously published”, and substituted “accessible formats” for “specialized formats” and “eligible persons” for “blind or other persons with disabilities”.

   Enacted provision · exact public law section
   (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”;

8. 2018

   Marrakesh Treaty Implementation Act

   Pub. L. 115–261 § 2(a)(1)(B)(i) · 132 Stat. 3667

   1. Inserted · 17 U.S.C. § 121(b)(1)(A)

      Pub. L. 115–261, § 2(a)(1)(B)(i), inserted “in the United States” after “distributed”

   2. Substituted · 17 U.S.C. § 121(b)(1)(A)

      Pub. L. 115–261, § 2(a)(1)(B)(i), substituted “an accessible format” for “a specialized format”

   3. Substituted · 17 U.S.C. § 121(b)(1)(A)

      Pub. L. 115–261, § 2(a)(1)(B)(i), substituted “eligible persons” for “blind or other persons with disabilities”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 115–261, § 2(a)(1)(B)(i), inserted “in the United States” after “distributed” and substituted “an accessible format” for “a specialized format” and “eligible persons” for “blind or other persons with disabilities”.

   Enacted provision · exact public law section
   (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

9. 2018

   Marrakesh Treaty Implementation Act

   Pub. L. 115–261 § 2(a)(1)(B)(ii) · 132 Stat. 3667

   Substituted · 17 U.S.C. § 121(b)(1)(B)

   Pub. L. 115–261, § 2(a)(1)(B)(ii), substituted “an accessible format” for “a specialized format”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B). Pub. L. 115–261, § 2(a)(1)(B)(ii), substituted “an accessible format” for “a specialized format”.

   Enacted provision · exact public law section
   (ii) in subparagraph (B), by striking “a specialized format” and inserting “an accessible format”;

10. 2018

    Marrakesh Treaty Implementation Act

    Pub. L. 115–261 § 2(a)(1)(C) · 132 Stat. 3667

    Substituted · 17 U.S.C. § 121(c)(3)

    Pub. L. 115–261, § 2(a)(1)(C), substituted “accessible formats” for “specialized formats”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 115–261, § 2(a)(1)(C), substituted “accessible formats” for “specialized formats”.

    Enacted provision · exact public law section
    (C) in subsection (c)(3), by striking “specialized formats” and inserting “accessible formats”; and

11. 2018

    Marrakesh Treaty Implementation Act

    Pub. L. 115–261 § 2(a)(1)(D) · 132 Stat. 3667

    1. Added · 17 U.S.C. § 121(d)

       Pub. L. 115–261, § 2(a)(1)(D), added pars. (1) and (3)

    2. Redesignated · 17 U.S.C. § 121(d)

       Pub. L. 115–261, § 2(a)(1)(D), redesignated former pars. (1) and (3) as (2) and (4), respectively

    3. Substituted · 17 U.S.C. § 121(d)

       Pub. L. 115–261, § 2(a)(1)(D), substituted a period for “; and” at end of par. (4)

    4. Struck · 17 U.S.C. § 121(d)

       Pub. L. 115–261, § 2(a)(1)(D), struck out former pars. (2) and (4) which defined “blind or other persons with disabilities” and “specialized formats”, respectively

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–261, § 2(a)(1)(D), added pars. (1) and (3), redesignated former pars. (1) and (3) as (2) and (4), respectively, substituted a period for “; and” at end of par. (4), and struck out former pars. (2) and (4) which defined “blind or other persons with disabilities” and “specialized formats”, respectively.

    Enacted provision · exact public law section
    (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’ 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

20 of 20 references resolved to an enrolled provision