17 U.S.C. § 121 — Limitations on exclusive rights: Reproduc-

Page 127 TITLE 17—COPYRIGHTS § 121 title 17, United States Code, as in effect on the day be- fore the date of the enactment of this Act [Dec. 20, 2019], and to whom subsection (a)(2)(B) of such section, as amended by subsection (a), does not apply, shall con- tinue to be eligible to receive that secondary trans- mission from such carrier under such license, and at the royalty rate established for such license by the Copyright Royalty Board or voluntary agreement, as applicable, until the date that is the earlier of— ‘‘(A) May 31, 2020; or ‘‘(B) the date on which such carrier provides local- into-local service to all DMAs. ‘‘(2) DEFINITIONS.—In this subsection, the terms ‘sat- ellite carrier’, ‘subscriber’, ‘secondary transmission’, ‘network station’, and ‘local-into-local service to all DMAs’ have the meaning given those terms in section 119 of title 17, United States Code.’’ REMOVAL OF INCONSISTENT PROVISIONS Pub. L. 109–303, § 4(g), Oct. 6, 2006, 120 Stat. 1483, pro- vided that: ‘‘The amendments contained in subsection (h) of section 5 of the Copyright Royalty and Distribu- tion Reform Act of 2004 [Pub. L. 108–419, amending this section] shall be deemed never to have been enacted.’’ EFFECT ON CERTAIN PROCEEDINGS Pub. L. 108–447, div. J, title IX [title I, § 106], Dec. 8, 2004, 118 Stat. 3406, provided that: ‘‘Nothing in this title [see Short Title of 2004 Amendment note set out under section 101 of this title] shall modify any remedy im- posed on a party that is required by the judgment of a court in any action that was brought before May 1, 2004, against that party for a violation of section 119 of title 17, United States Code.’’ APPLICABILITY OF 1994 AMENDMENT Pub. L. 103–369, § 5, Oct. 14, 1994, 108 Stat. 3481, pro- vided that: ‘‘The amendments made by this section apply only to section 119 of title 17, United States Code.’’ § 120. Scope of exclusive rights in architectural works (a) PICTORIAL REPRESENTATIONS PERMITTED.— The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public dis- play of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is lo- cated in or ordinarily visible from a public place. (b) ALTERATIONS TO AND DESTRUCTION OF BUILDINGS.—Notwithstanding the provisions of section 106(2), the owners of a building embody- ing an architectural work may, without the con- sent of the author or copyright owner of the ar- chitectural work, make or authorize the making of alterations to such building, and destroy or authorize the destruction of such building. (Added Pub. L. 101–650, title VII, § 704(a), Dec. 1, 1990, 104 Stat. 5133.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any architectural work created on or after Dec. 1, 1990, and any architectural work, that, on Dec. 1, 1990, is unconstructed and embodied in unpublished plans or drawings, except that protection for such architectural work under this title terminates on Dec. 31, 2002, unless the work is constructed by that date, see section 706 of Pub. L. 101–650, set out as an Ef- fective Date of 1990 Amendment note under section 101 of this title. § 121. Limitations on exclusive rights: Reproduc- tion for blind or other people with disabil- ities (a) Notwithstanding the provisions of section 106, it is not an infringement of copyright for an authorized entity to reproduce or to distribute in the United States copies or phonorecords of a previously published literary work or of a pre- viously published musical work that has been fixed in the form of text or notation if such cop- ies or phonorecords are reproduced or distrib- uted in accessible formats exclusively for use by eligible persons. (b)(1) Copies or phonorecords to which this section applies shall— (A) not be reproduced or distributed in the United States in a format other than an acces- sible format exclusively for use by eligible persons; (B) bear a notice that any further reproduc- tion or distribution in a format other than an accessible format is an infringement; and (C) include a copyright notice identifying the copyright owner and the date of the origi- nal publication. (2) The provisions of this subsection shall not apply to standardized, secure, or norm-ref- erenced tests and related testing material, or to computer programs, except the portions thereof that are in conventional human language (in- cluding descriptions of pictorial works) and dis- played to users in the ordinary course of using the computer programs. (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 Ma- terials 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 Dis- abilities Education Act that contain the con- tents 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 edu- cational agency; (2) the publisher had the right to publish such print instructional materials in print for- mats; and (3) such copies are used solely for reproduc- tion or distribution of the contents of such print instructional materials in accessible for- mats. (d) For purposes of this section, the term— (1) ‘‘accessible format’’ means an alternative manner or form that gives an eligible person access to the work when the copy or phono- record in the accessible format is used exclu- sively by the eligible person to permit him or her to have access as feasibly and comfortably as a person without such disability as de- scribed in paragraph (3); (2) ‘‘authorized entity’’ means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or Page 128 TITLE 17—COPYRIGHTS § 121A adaptive reading or information access needs of blind or other persons with disabilities; (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 im- proved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is un- able to read printed works to substantially the same degree as a person without an im- pairment 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 (4) ‘‘print instructional materials’’ has the meaning given under section 674(e)(3)(C) of the Individuals with Disabilities Education Act. (Added Pub. L. 104–197, title III, § 316(a), Sept. 16, 1996, 110 Stat. 2416; amended Pub. L. 106–379, § 3(b), Oct. 27, 2000, 114 Stat. 1445; Pub. L. 107–273, div. C, title III, § 13210(3)(A), Nov. 2, 2002, 116 Stat. 1909; Pub. L. 108–446, title III, § 306, Dec. 3, 2004, 118 Stat. 2807; Pub. L. 115–261, § 2(a)(1), Oct. 9, 2018, 132 Stat. 3667.) Editorial Notes REFERENCES IN TEXT Sections 612, 613, and 674 of the Individuals with Dis- abilities Education Act, referred to in subsecs. (c) and (d)(4), are classified to sections 1412, 1413, and 1474, re- spectively, of Title 20, Education. AMENDMENTS 2018—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 pub- lished’’, and substituted ‘‘accessible formats’’ for ‘‘spe- cialized formats’’ and ‘‘eligible persons’’ for ‘‘blind or other persons with disabilities’’. Subsec. (b)(1)(A). Pub. L. 115–261, § 2(a)(1)(B)(i), in- serted ‘‘in the United States’’ after ‘‘distributed’’ and substituted ‘‘an accessible format’’ for ‘‘a specialized format’’ and ‘‘eligible persons’’ for ‘‘blind or other per- sons with disabilities’’. Subsec. (b)(1)(B). Pub. L. 115–261, § 2(a)(1)(B)(ii), sub- stituted ‘‘an accessible format’’ for ‘‘a specialized for- mat’’. Subsec. (c)(3). Pub. L. 115–261, § 2(a)(1)(C), substituted ‘‘accessible formats’’ for ‘‘specialized formats’’. 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. 2004—Subsec. (c). Pub. L. 108–446, § 306(2), added sub- sec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 108–446, § 306(1), redesignated sub- sec. (c) as (d). 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.’’ 2002—Pub. L. 107–273 substituted ‘‘Reproduction’’ for ‘‘reproduction’’ in section catchline. 2000—Subsec. (a). Pub. L. 106–379 substituted ‘‘section 106’’ for ‘‘sections 106 and 710’’. § 121A. Limitations on exclusive rights: reproduc- tion for blind or other people with disabil- ities in Marrakesh Treaty countries (a) Notwithstanding the provisions of sections 106 and 602, it is not an infringement of copy- right 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 acces- sible formats to another country when the ex- portation 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 copy- right for an authorized entity or an eligible per- son, or someone acting on behalf of an eligible person, acting pursuant to this section, to im- port copies or phonorecords of a previously pub- lished 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 distribu- tion 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 au- thorized 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 au- thorized entity for the cross-border ex- change 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’’, ‘‘author- ized 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 Pub-