Chafee Amendment

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Copyright Law of the United States and Related Laws
Contained in Title 17 of the United States Code Circular 92, as amended in 2004

Subject Matter and Scope of Copyright

§ 121. Limitations on exclusive rights: reproduction for blind or other people with disabilities

1. 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.
   
    
   1. Copies or phonorecords to which this section applies shall -
      
       
      1. not be reproduced or distributed in a format other than a  specialized format exclusively for use by blind or other persons with  disabilities;
         
          
      2. bear a notice that any further reproduction or distribution in a format other than a specialized format is an infringement; and
         
          
      3. 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.
      
       
2. 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.
      
       
3. 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. "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 -
      
       
      1. Braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities; and
         
          
      2. 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.