Title 17CopyrightsRelease 119-73not60

§121A Limitations on Exclusive Rights: Reproduction for Blind or Other People with Disabilities in Marrakesh Treaty Countries

Title 17 › Chapter 1— SUBJECT MATTER AND SCOPE OF COPYRIGHT › § 121A

Last updated Apr 5, 2026|Official source

Summary

Allows authorized organizations to send or receive copies of already-published books or music that have been put into accessible formats across borders without that being treated as copyright infringement, when the other country has joined the Marrakesh Treaty. Sending can be to another authorized organization or to an eligible person in a Marrakesh Treaty country. Bringing such accessible copies in is allowed for authorized organizations, eligible persons, or someone acting for an eligible person. Authorized organizations must have and follow simple rules to check who they serve, keep copies only for eligible people and other authorized groups, discourage illegal sharing, keep careful records while protecting privacy, and list available titles and partner and policy information to help cross-border sharing. This does not create a new right to sue under copyright law or let federal agencies regulate these activities. Accessible format — defined in section 121. Authorized entity — defined in section 121. Eligible person — defined in section 121. Marrakesh Treaty — the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities, concluded in Marrakesh, Morocco, on June 28, 2013.

Full Legal Text

Title 17, §121A

Copyrights — Source: USLM XML via OLRC

(a)Notwithstanding the provisions of section 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,
(b)Notwithstanding the provisions of section 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”, 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.

Reference

Citations & Metadata

Citation

17 U.S.C. § 121A

Title 17Copyrights

Last Updated

Apr 5, 2026

Release point: 119-73not60