NOTICE ON CHANGES TO THE COPYRIGHT ACT
FROM: James Gashel
Director of Governmental Affairs
National Federation of the Blind
DATE: September 18, 1996
President Clinton has signed the bill, H. R. 3754, making
appropriations for the Legislative Branch for fiscal year 1997.
It is Public Law 104-197. The amendments to the Copyright Act
offered in the Senate by Senator John Chafee are included in this
law as section 316.
Although the appropriations bill funds Congressional
operations for only one year, beginning October 1, 1996, the
changes to the Copyright Act are permanent. Also, Section 316
became effective when the bill was signed. There are no
regulations authorized or required for implementation. A brief
background paper explaining the amendment was distributed in
early August after the bill had been approved by a Senate/House
conference committee. The text of that paper can be found on the
web site of the National Federation of the Blind at
http://www.nfb.org under "Legislation." It is also available for
downloading from the Federation's bulletin board at (612) 696-
1975.
The text of section 316 follows:
EXCERPT FROM Pub. L. 104-197
FISCAL YEAR 1997, LEGISLATIVE BRANCH APPROPRIATIONS ACT
SECTION 316. LIMITATION ON EXCLUSIVE COPYRIGHTS FOR LITERARY
WORKS IN SPECIALIZED FORMAT FOR THE BLIND AND
DISABLED.
(A) IN GENERAL.--Chapter 1 of title 17, United States Code,
is amended by adding after section 120 the following new section:
121. Limitation on exclusive rights: reproduction for blind
or other people with disabilities.
"(a) Notwithstanding the provisions of sections 106 and 710,
it is not an infringement of copyright for an authorized entity
to reproduce or to distribute copies or phonorecords of a
previously published, non-dramatic, 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 they shall
apply to 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) 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) `specialized formats' means Braille, audio, or digital text
which is exclusively for use by blind or other persons with
disabilities.".
"(b) TECHNICAL AND CONFORMING AMENDMENT.--The table of
sections for chapter 1 of title 17, United States Code, is
amended by adding after the item relating to section 120 the
following:
"121. Limitations on exclusive rights; reproduction for blind or
other people with disabilities."
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