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                                                      Calendar No. 414
115th Congress    }                                      {      Report
                                 SENATE
 2d Session       }                                      {     115-261

======================================================================



 
                  MARRAKESH TREATY IMPLEMENTATION ACT

                                _______
                                

                  June 4, 2018.--Ordered to be printed

                                _______
                                

   Mr. Grassley, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 2559]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred the 
bill (S. 2559) to amend title 17, United States Code, to 
implement the Marrakesh Treaty, and for other purposes, having 
considered the same, reports favorably thereon, without 
amendment, and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Background and Purpose of the Marrakesh Treaty Implementation Act1
 II. History of the Bill and Committee Consideration..................4
III. Section-by-Section Summary of the Bill...........................5
 IV. Congressional Budget Office Cost Estimate........................7
  V. Regulatory Impact Evaluation.....................................8
 VI. Conclusion.......................................................8
VII. Changes to Existing Law Made by the Bill, as Reported............8

  I. Background and Purpose of the Marrakesh Treaty Implementation Act


                             A. BACKGROUND

    The Marrakesh Treaty to Facilitate Access to Published 
Works for Persons by Visually Impaired Persons and Persons with 
Print Disabilities (hereinafter the ``Marrakesh Treaty'') 
concluded at Marrakesh, Morocco, on June 28, 2013, under the 
auspices of the World Intellectual Property Organization. The 
Marrakesh Treaty was negotiated to address the global shortage 
of books and other texts in accessible formats such as Braille, 
large print, specialized digital audio files, and other 
alternative formats. The treaty aimed to address this problem 
by providing, with appropriate safeguards, that copyright 
restrictions should not impede the creation and distribution of 
such accessible format copies, and by fostering the exchange of 
such copies internationally. The Marrakesh Treaty was signed by 
the United States on October 2, 2013.
    The Obama Administration submitted the Marrakesh Treaty 
package to the U.S. Senate on February 10, 2016, and the 
proposed implemention package on February 12, 2016. On February 
26, 2016, the Senate Committee on the Judiciary and the 
Committee on Foreign Relations hosted a staff briefing where 
representatives from the U.S. Department of State, U.S. Patent 
and Trademark Office, and U.S. Copyright Office discussed the 
treaty and proposed implementing legislation.
    Subsequently, staff of the Senate Committee on the 
Judiciary and Committee on Foreign Relations encouraged the 
National Federation of the Blind, the Library Copyright 
Alliance, and the Association of American Publishers to 
negotiate and propose language that could be supported by all 
interested stakeholders, the copyright community, public 
interest groups, the U.S. Patent and Trademark Office and the 
U.S. Copyright Office. S. 2559, the Marrakesh Treaty 
Implementation Act, is the product of these negotiations, 
discussions, and vetting with all the interested parties.

                               B. PURPOSE

    The amendments of title 17 in S. 2559 are intended to 
implement the United States obligations under the Marrakesh 
Treaty.

1. Revision of section 121 and relevant terminology in both sections

    Insofar as section 121 does not explicitly authorize 
activities for the purpose of importing or exporting accessible 
format copies as permissible under the Marrakesh Treaty, a new 
section 121A has been added to address those issues without 
substantially changing the terms of section 121 as they apply 
to purely domestic activities involving the making, 
reproduction and distribution of accessible format copies. 
However, several amendments have been made to section 121 in 
order to conform certain terms and provisions of section 121 to 
the language of the Marrakesh Treaty for purposes of clarity 
and consistency.
    One such amendment changes the term ``blind or other 
persons with disabilities'' and its definition in the previous 
section 121(d)(2) to ``eligible person'' as that term is 
defined and used in the Marrakesh Treaty to describe the kind 
of individuals intended to be the beneficiary recipients and 
users of accessible format copies. In making this change for 
purposes of clarity and consistency in identically describing 
such individuals under both sections, the reference in section 
121's prior definition to ``individuals who are eligible or may 
qualify in accordance with'' the legislation which authorizes 
appropriations for the Library of Congress National Library 
Service for the Blind and Physically Handicapped was dropped as 
unsuitable for the purpose of defining such individuals in 
section 121A because the Marrakesh Treaty contains no similar 
requirement for determining whether such individuals ``are 
eligible or may qualify'' as such beneficiaries ``in accordance 
with'' a particular national law.
    Nevertheless, it is the intention and expectation of 
Congress that, under the identical defining provisions in 
section 121(d)(2) and section 121A(f)(1) and consistent with 
the basic concepts, practices, and regulations related to 
legislation applicable to the National Library Service for the 
Blind and Physically Handicapped, an individual will be 
considered to be an ``eligible person'' as defined by section 
121(d)(2) and correspondingly section 121A(f)(1) based on 
having one or more of the qualifying conditions referenced as 
determined by a competent authority possessing experience in 
making such determinations. It is also anticipated that 
authorized entities, either individually or in coordination, 
will rely on competent authorities with appropriate experience 
to determine the eligibility of persons the authorized entities 
serve under section 121A(c)(1).
    The amendment similarly changes the term ``specialized 
formats'' and its definition in the previous section 121(d)(2) 
to ``accessible formats'' and a definition in keeping with the 
Marrakesh Treaty.
    While the Marrakesh Treaty applies to copyrighted works in 
text or notation, it provides that accessible format copies of 
protected works should include ``related illustrations.'' In 
keeping with the treaty, it is Congress' intent that accessible 
format copies made pursuant to section 121 and/or section 121A 
include illustrations that are integrated with the text or 
notation being rendered into an accessible format. For example, 
where a textbook includes graphs, maps, or tables of 
information, the accessible format version of the textbook may 
include presentations of that information in as accessible a 
way as possible; where a book includes photographs or 
illustrations accompanying the text, the accessible format copy 
may include suitable descriptions of the photographs and 
illustrations. If illustrations, graphs, maps, tables, or 
photographs included in a text subject to sections 121 and/or 
121A are also separately copyrighted works, they are subject to 
section 121 and/or section 121A to the same extent as the 
copyrighted works in which they are embodied.
    It is understood that authorized entities may introduce 
such changes in a copyrighted work as are necessary to make the 
work accessible in the alternative format, taking into account 
the accessibility needs of the persons concerned. Such changes 
include, but are not limited to, differences in format or 
presentation. Nonetheless, such changes should not alter the 
meaning or substance of the text. It is also Congress' intent 
that sections 121 and 121A permit the preparation of an 
accessible format copy of part of a work, such as when a 
student with a print disability is assigned one or a few 
chapters from a book and the authorized entity does not need to 
render the entire book in the accessible format. This amendment 
of section 121 and the addition of section 121A is not meant to 
alter authorized entity practices in this respect.

2. New section 121A

    New section 121A is intended to implement the obligations 
of the United States under the Marrakesh Treaty to permit the 
exportation and importation of accessible format copies of 
copyrighted works for use by eligible persons, that is persons 
who are blind or other persons with print disabilities.
    As such, the terms used in the new section 121A, 
particularly ``authorized entity'' and ``eligible persons'', 
are intended to apply extraterritorially. The text of the 
statute, its references to the Marrakesh Treaty and this 
legislative history provide the ``affirmative indication'' of 
extraterritorial application that the Supreme Court has looked 
for in its review of other Federal legislation. Morrison v. 
National Australia Bank Ltd., 561 U.S. 247, 265 (2010). In 
establishing section 121A, Congress has taken ``account of the 
legitimate sovereign interests of other nations,'' F. Hoffman-
La Roche Ltd. v. Empagran S.A., 542 U.S. 155, 164 (2004), in 
that it is still a matter for other Parties to the Marrakesh 
Treaty to establish their own national rules for the 
importation or exportation of accessible format copies.
    For purposes of the exportation or importation of 
accessible format copies under section 121A, section 121A(c) 
requires an authorized entity to ``establish and follow its own 
practices'' to broadly ensure that its creation, acquisition, 
and distribution of accessible format copies serves the 
eligible persons that both the statute and the Marrakesh Treaty 
are intended to benefit while avoiding infringement of the 
works concerned. The practices required under section 121A(c) 
can be established by each authorized entity to meet that 
provision's stated objectives in whatever manner is suitable to 
the authorized entity's own particular circumstances, 
including, but not limited to, the amount of section 121A 
activity in which it is engaged and the adaptability of its 
regular administrative activities. Accordingly, there are no 
uniform requirements for the section 121A(c) ``practices'' 
other than their intended objectives and section 121A neither 
creates a new cause of action nor a basis for regulation by any 
Federal agency with respect to such authorized activities. An 
organization or entity that fails to establish and follow its 
own practices under section 121A(c) would not be authorized 
under section 121A to conduct the activities in subsections (1) 
and (2) of that section. At the same time, in establishing 
section 121A, Congress did not conduct a comprehensive analysis 
of the title to determine whether the same or similar 
activities might be permitted under section 121 or any other 
copyright exception or limitation. Finally, an organization 
that establishes the required practices to qualify for section 
121A is under no obligation to apply the practices to the 
organization's other activities in relation to copyrighted 
works and section 121A(c) implies no new obligations in 
relation to the organization's other activities.

          II. History of the Bill and Committee Consideration


                      A. INTRODUCTION OF THE BILL

    On March 15, 2018, Senator Grassley introduced S. 2559, the 
Marrakesh Treaty Implementation Act. Senators Feinstein, 
Corker, Menendez, Leahy, Hatch, and Harris were original 
cosponsors. The bill was referred to the Committee on the 
Judiciary.
    On March 18, 2018, the Committee on the Judiciary and the 
Committee on Foreign Relations hosted a staff briefing on the 
Marrakesh Treaty and the proposed implementing legislation. 
Representatives from the U.S. Department of State, the U.S. 
Patent and Trademark Office, and the U.S. Copyright Office 
presented the Administration's views on both the Marrakesh 
Treaty and proposed implementing legislation.
    On April 18, 2018, the Committee on Foreign Relations held 
a hearing on the Marrakesh Treaty. Testimony was received from 
the Honorable Manisha Singh, Assistant Secretary, Bureau of 
Economic and Business Affairs, U.S. Department of State; Mr. 
Scott Labarre, Legal Counsel, National Federation of the Blind; 
Mr. Allan Adler, Executive Vice President and General Counsel, 
Association of American Publishers; and Mr. Jonathan Band, 
Counsel, Library Copyright Alliance, in support of the 
Marrakesh Treaty and S. 2559.
    On April 18, 2018, the Committee on the Judiciary held a 
hearing on Oversight of the U.S. Patent and Trademark Office. 
Testimony was received from Andrei Iancu, Under Secretary of 
Commerce for Intellectual Property and Director of the U.S. 
Patent and Trademark Office. In response to questions from 
Chairman Grassley, Director Iancu testified in support of the 
Marrakesh Treaty and S. 2559.

                       B. COMMITTEE CONSIDERATION

    The Committee considered S. 2559 on May 10, 2018. The 
Committee voted to report the Marrakesh Treaty Implementation 
Act, without amendment, favorably to the Senate. The Committee 
proceeded by roll call vote as follows:
    Tally: 20 Yeas, 0 Nays, 1 Not Present
    Yeas (20): Grassley (R-IA), Hatch (R-UT), Graham (R-SC), 
Cornyn (R-TX), Lee (R-UT), Cruz (R-TX), Sasse (R-NE), Flake (R-
AZ), Crapo (R-ID), Tillis (R-NC), Kennedy (R-LA), Feinstein (D-
CA), Leahy (D-VT), Durbin (D-IL), Whitehouse (D-RI), Klobuchar 
(D-MN), Coons (D-DE), Blumenthal (D-CT), Hirono (D-HI), Harris 
(D-CA).
    Nays (0):
    Not Present (1): Booker (D-NJ)

              III. Section-by-Section Summary of the Bill


Section 1. Short title

    This section provides that the legislation may be cited as 
the ``Marrakesh Treaty Implementation Act.''

Section 2. Implementation amendments

    This section makes adjustments to U.S. copyright law in 
order to implement the Marrakesh Treaty.
    The section amends section 121(a) of title 17, United 
States Code, to broaden the scope of accessible works for 
eligible persons to include previously published musical works 
that have been fixed in the form of text or notation.
    The section defines ``accessible format'' to mean 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.
    The section defines ``eligible person'' to mean an 
individual who, regardless of any other disability, (A) is 
blind; (B) 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 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.
    This section also creates a new section 121A to deal with 
the export and import provisions of the Marrakesh Treaty.
    New section 121A(a) provides that notwithstanding the 
provisions of sections 106 and 602, it is not an infringement 
of copyright 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 
accessible formats to another country when the exportation 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.
    New section 121A(b) provides that notwithstanding the 
provisions of sections 106 and 602, it is not an infringement 
of copyright for an authorized entity or an eligible person, or 
someone acting on behalf of an eligible person, acting pursuant 
to this section, 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 formats.
    New section 121A(c) provides that 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 distribution 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 authorized 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 
authorized entity for the cross-border exchange of accessible 
format copies.
    New section 121A(d) provides that 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.
    New section 121A(e) provides that nothing in this section 
shall be construed to limit the ability to engage in any 
activity otherwise permitted under this title.
    New section 121A(f) provides that (1) the terms 
``accessible format'', ``authorized 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 Published Works by Visually Impaired 
Persons and Persons with Print Disabilities concluded at 
Marrakesh, Morocco, on June 28, 2013.

             IV. Congressional Budget Office Cost Estimate

    The Committee sets forth, with respect to the bill, S. 
2559, the following estimate and comparison prepared by the 
Director of the Congressional Budget Office under section 402 
of the Congressional Budget Act of 1974:

                                                      May 24, 2018.
Hon. Chuck Grassley,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2559, the Marrakesh 
Treaty Implementation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Stephen 
Rabent.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

S. 2559--Marrakesh Treaty Implementation Act

    Under current law, copies or phonorecords of a previously 
published nondramatic literary work may be reproduced and 
distributed in specialized formats for use by people who are 
blind or have another disability without infringement of the 
work's copyright. S. 2559 would expand that exemption to 
include all literary works and previously published musical 
works in text or notation. The bill also would expand which 
specialized formats could be reproduced and distributed under 
the exemption and would expand the groups of people who could 
receive such copies. Under certain circumstances, S. 2559 also 
would allow the export or import of those copies.
    Using information from the Copyright Office, CBO estimates 
that implementing the bill would have no significant effect on 
the federal budget because that office would not be required to 
undertake any rulemakings to implement the bill.
    Enacting S. 2559 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 2559 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    CBO has not reviewed S. 2559 for intergovernmental or 
private-sector mandates because section 4 of the Unfunded 
Mandates Reform Act excludes from the application of that act 
any legislative provisions that are necessary for the 
ratification or implementation of international treaty 
obligations. CBO has determined that the bill falls within that 
exclusion.
    The CBO staff contact for this estimate is Stephen Rabent. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the Standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 2559.

                             VI. Conclusion

    The Marrakesh Treaty Implementation Act, S. 2559, will help 
give people with print disabilities, here in the United States 
and all over the world, greater access to books and other texts 
in accessible formats such as Braille, large print, specialized 
digital audio files, and other alternative formats.

       VII. Changes to Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 2559, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           UNITED STATES CODE

TITLE 17--COPYRIGHTS

           *       *       *       *       *       *       *


            CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT

Sec.
121. Limitations on exclusive rights: Reproduction for blind or other 
          people with disabilities.
121A. Limitations on exclusive rights: reproduction for blind or other 
          people with disabilities in Marrakesh Treaty countries.
     * * * * * * *

Sec. 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 in the United States copies or 
phonorecords of a previously published, [nondramatic] literary 
work or of a previously published musical work that has been 
fixed in the form of text or notation if such copies or 
phonorecords are reproduced or distributed in [specialized 
formats] accessible formats exclusively for use by [blind or 
other persons with disabilities] eligible persons.
    (b)(1) Copies or phonorecords to which this section applies 
shall--
          (A) not be reproduced or distributed in the United 
        States in a format other than [a specialized format] an 
        accessible format exclusively for use by [blind or 
        other persons with disabilities] eligible persons;
          (B) bear a notice that any further reproduction or 
        distribution in a format other than [a specialized 
        format] an accessible 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] 
        accessible formats.
    (d) For purposes of this section, the term--
          (1) ``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 (3);
          (2) ``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) ``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 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 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[; 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].

Sec. 121A. Limitations on exclusive rights: reproduction for blind or 
                    other people with disabilities in Marrakesh Treaty 
                    countries

    (a) Notwithstanding the provisions of sections 106 and 602, 
it is not an infringement of copyright 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 accessible formats to another 
country when the exportation 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 copyright for an authorized entity 
or an eligible person, or someone acting on behalf of an 
eligible person, acting pursuant to this section, 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 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 distribution 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 
                authorized 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 
                authorized entity for the cross-border exchange 
                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', `authorized 
        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 Published Works by 
        Visually Impaired Persons and Persons with Print 
        Disabilities concluded at Marrakesh, Morocco, on June 
        28, 2013.

                                  [all]