#aaeth ,,congress #b;d ,session ,s4 #beei ,,an ,,act ,to amend title #ag1 ,united ,states ,code1 to implement the ,marrakesh ,treaty1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,marrakesh ,treaty ,implementation ,act4 #b4 ,implementation amendments 7a7 ,in general ,chapter #a of title #ag1 ,united ,states ,code1 is amended-- 7#a7 in section #aba-- 7,a7 in subsection 7a7-- 7i7 by inserting in the ,united ,states after distribute2 7ii7 by striking 1 nondramatic2 7iii7 by inserting or of a previously published musical work that has been fixed in the form of text or notation after literary work2 7iv7 by striking specialized formats and inserting accessible formats2 and 7v7 by striking blind or other persons with disabilities and inserting eligible persons2 7,b7 in subsection 7b77#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by inserting in the ,united ,states after distributed2 7,,ii7 by striking a specialized format and inserting an accessible format2 and 7,,iii7 by striking blind or other persons with disabilities and inserting eligible persons2 and 7ii7 in subparagraph 7,b71 by striking a specialized format and inserting an accessible format2 7,c7 in subsection 7c77#c71 by striking specialized formats and inserting accessible formats2 and 7,d7 in subsection 7d7-- 7i7 by striking paragraphs 7#b7 and 7#d72 7ii7 by redesignating paragraph 7#a7 as paragraph 7#b72 7iii7 by redesignating paragraph 7#c7 as paragraph 7#d72 7iv7 by inserting before paragraph 7#b71 as so redesignated1 the following3 7#a7 accessible format means an alternative manner or form that gives an eligible person access to the work when the copy or phonorecord in the accessible format is used exclusively by the eligible person to permit him or her to have access as feasibly and comfortably as a person without such disability as described in paragraph 7#c72 2 7v7 by inserting after paragraph 7#b71 as so redesignated1 the following3 7#c7 eligible person means an individual who1 regardless of any other disability-- 7,a7 is blind2 7,b7 has a visual impairment or perceptual or reading disability that cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability2 or 7,c7 is otherwise unable1 through physical disability1 to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading2 and 2 and 7vi7 in paragraph 7#d71 as so redesignated1 by striking 2 and at the end and inserting a period2 and 7#b7 by inserting after section #aba the following3 #aba;,a4 ,limitations on exclusive rights3 reproduction for blind or other people with disabilities in ,marrakesh ,treaty countries 7a7 ,notwithstanding the provisions of sections #ajf and #fjb1 it is not an infringement of copyright for an authorized entity1 acting pursuant to this section1 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 accessible formats to another country when the exportation is made either to-- 7#a7 an authorized entity located in a country that is a ,party to the ,marrakesh ,treaty2 or 7#b7 an eligible person in a country that is a ,party to the ,marrakesh ,treaty1 if prior to the exportation of such copies or phonorecords1 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 persons4 7b7 ,notwithstanding the provisions of sections #ajf and #fjb1 it is not an infringement of copyright for an authorized entity or an eligible person1 or someone acting on behalf of an eligible person1 acting pursuant to this section1 to import 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 accessible formats4 7c7 ,in conducting activities under subsection 7a7 or 7b71 an authorized entity shall establish and follow its own practices1 in keeping with its particular circumstances1 to-- 7#a7 establish that the persons the authorized entity serves are eligible persons2 7#b7 limit to eligible persons and authorized entities the distribution of accessible format copies by the authorized entity2 7#c7 discourage the reproduction and distribution of unauthorized copies2 7#d7 maintain due care in1 and records of1 the handling of copies of works by the authorized entity1 while respecting the privacy of eligible persons on an equal basis with others2 and 7#e7 facilitate effective cross-border exchange of accessible format copies by making publicly available-- 7,a7 the titles of works for which the authorized entity has accessible format copies or phonorecords and the specific accessible formats in which they are available2 and 7,b7 information on the policies1 practices1 and authorized entity partners of the authorized entity for the cross-border exchange of accessible format copies4 7d7 ,nothing in this section shall be construed to establish-- 7#a7 a cause of action under this title2 or 7#b7 a basis for regulation by any ,federal agency4 7e7 ,nothing in this section shall be construed to limit the ability to engage in any activity otherwise permitted under this title4 7f7 ,for purposes of this section-- 7#a7 the terms accessible format1 authorized entity1 and eligible person have the meanings given those terms in section #aba2 and 7#b7 the term ,marrakesh ,treaty means the ,marrakesh ,treaty to ,facilitate ,access to ,published ,works by ,visually ,impaired ,persons and ,persons with ,print ,disabilities concluded at ,marrakesh1 ,morocco1 on ,june #bh1 #bjac4 4 7b7 ,table of sections amendment ,the table of sections for chapter #a of title #ag1 ,united ,states ,code1 is amended by inserting after the item relating to section #aba the following3 #aba;,a4 ,limitations on exclusive rights3 reproduction for blind or other people with disabilities in ,marrakesh ,treaty countries4 4 ,passed the ,senate ,june #bh1 #bjah4,secretary