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

Summary

Authorized organizations may send and receive accessible copies of published books or music across borders to countries that joined the Marrakesh Treaty without that being a copyright violation, as long as they follow certain rules. Exports can go to another authorized organization or to an eligible person in a Marrakesh Treaty country if the sender did not know and had no good reason to think the copies would be used by people who are not eligible. Imports are allowed when done by an authorized organization, an eligible person, or someone acting for an eligible person. Authorized organizations must check who they serve, keep distribution limited to eligible people and partner organizations, try to stop unauthorized copying, keep careful records while protecting privacy equally, and list publicly what titles and formats they have plus their cross-border policies and partners. This does not create a private lawsuit right or give federal agencies new regulatory power, and it does not stop other allowed activities. The key terms: accessible format — versions usable by people with print disabilities; authorized entity — an organization that helps them; eligible person — someone who qualifies under section 121. The Marrakesh Treaty referred to is the one agreed at Marrakesh, Morocco, on June 28, 2013.