Laws: Cases and Codes : U.S. Code : Title 17 : Section 121


   
U.S. Code as of: 01/19/04
Section 121. Limitations on exclusive rights: Reproduction for blind or other people with disabilities

      (a) Notwithstanding the provisions of section 106, 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.



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