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

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- Page 129 TITLE 17—COPYRIGHTS § 122 lished Works by Visually Impaired Persons and Persons with Print Disabilities concluded at Marrakesh, Morocco, on June 28, 2013. (Added Pub. L. 115–261, § 2(a)(2), Oct. 9, 2018, 132 Stat. 3668.) § 122. Limitations on exclusive rights: Secondary transmissions of local television program- ming by satellite (a) SECONDARY TRANSMISSIONS INTO LOCAL MARKETS.— (1) SECONDARY TRANSMISSIONS OF TELEVISION BROADCAST STATIONS WITHIN A LOCAL MARKET.— A secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station into the station’s local market shall be sub- ject to statutory licensing under this section if— (A) the secondary transmission is made by a satellite carrier to the public; (B) with regard to secondary trans- missions, the satellite carrier is in compli- ance with the rules, regulations, or author- izations of the Federal Communications Commission governing the carriage of tele- vision broadcast station signals; and (C) the satellite carrier makes a direct or indirect charge for the secondary trans- mission to— (i) each subscriber receiving the sec- ondary transmission; or (ii) a distributor that has contracted with the satellite carrier for direct or indi- rect delivery of the secondary trans- mission to the public. (2) SIGNIFICANTLY VIEWED STATIONS.— (A) IN GENERAL.—A secondary trans- mission of a performance or display of a work embodied in a primary transmission of a television broadcast station to subscribers who receive secondary transmissions of pri- mary transmissions under paragraph (1) shall be subject to statutory licensing under this paragraph if the secondary transmission is of the primary transmission of a network station or a non-network station to a sub- scriber who resides outside the station’s local market but within a community in which the signal has been determined by the Federal Communications Commission to be significantly viewed in such community, pursuant to the rules, regulations, and au- thorizations of the Federal Communications Commission in effect on April 15, 1976, appli- cable to determining with respect to a cable system whether signals are significantly viewed in a community. (B) WAIVER.—A subscriber who is denied the secondary transmission of the primary transmission of a network station or a non- network station under subparagraph (A) may request a waiver from such denial by submitting a request, through the sub- scriber’s satellite carrier, to the network station or non-network station in the local market affiliated with the same network or non-network where the subscriber is located. The network station or non-network station shall accept or reject the subscriber’s re- quest for a waiver within 30 days after re- ceipt of the request. If the network station or non-network station fails to accept or re- ject the subscriber’s request for a waiver within that 30-day period, that network sta- tion or non-network station shall be deemed to agree to the waiver request. (3) SECONDARY TRANSMISSION OF LOW POWER PROGRAMMING.— (A) IN GENERAL.—Subject to subparagraphs (B) and (C), a secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station to subscribers who receive secondary transmissions of primary trans- missions under paragraph (1) shall be subject to statutory licensing under this paragraph if the secondary transmission is of the pri- mary transmission of a television broadcast station that is licensed as a low power tele- vision station, to a subscriber who resides within the same designated market area as the station that originates the transmission. (B) NO APPLICABILITY TO REPEATERS AND TRANSLATORS.—Secondary transmissions provided for in subparagraph (A) shall not apply to any low power television station that retransmits the programs and signals of another television station for more than 2 hours each day. (C) NO IMPACT ON OTHER SECONDARY TRANS- MISSIONS OBLIGATIONS.—A satellite carrier that makes secondary transmissions of a primary transmission of a low power tele- vision station under a statutory license pro- vided under this section is not required, by reason of such secondary transmissions, to make any other secondary transmissions. (4) SPECIAL EXCEPTIONS.—A secondary trans- mission of a performance or display of a work embodied in a primary transmission of a tele- vision broadcast station to subscribers who re- ceive secondary transmissions of primary transmissions under paragraph (1) shall, if the secondary transmission is made by a satellite carrier that complies with the requirements of paragraph (1), be subject to statutory licens- ing under this paragraph as follows: (A) STATES WITH SINGLE FULL-POWER NET- WORK STATION.—In a State in which there is licensed by the Federal Communications Commission a single full-power station that was a network station on January 1, 1995, the statutory license provided for in this paragraph shall apply to the secondary transmission by a satellite carrier of the pri- mary transmission of that station to any subscriber in a community that is located within that State and that is not within the first 50 television markets as listed in the regulations of the Commission as in effect on such date (47 C.F.R. 76.51). (B) STATES WITH ALL NETWORK STATIONS AND NON-NETWORK STATIONS IN SAME LOCAL MARKET.—In a State in which all network stations and non-network stations licensed by the Federal Communications Commission within that State as of January 1, 1995, are assigned to the same local market and that local market does not encompass all coun-