17 U.S.C. § 121 : US Code - Section 121: Limitations on exclusive rights: Reproduction for blind or other people with disabilities

Search 17 U.S.C. § 121 : US Code - 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) 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 Materials 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 Disabilities
Education Act that contain the contents 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
educational agency;
(2) the publisher had the right to publish such print
instructional materials in print formats; and
(3) such copies are used solely for reproduction or
distribution of the contents of such print instructional
materials in specialized formats.
(d) 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;
(3) "print instructional materials" has the meaning given under
section 674(e)(3)(C) of the Individuals with Disabilities
Education Act; and
(4) "specialized formats" means -
(A) braille, audio, or digital text which is exclusively for
use by blind or other persons with disabilities; and
(B) with respect to print instructional materials, includes
large print formats when such materials are distributed
exclusively for use by blind or other persons with
disabilities.