The Chafee Amendment: Copyright Exception and Section 121A Sharing

The Chafee Amendment is a provision of federal copyright law, codified at 17 U.S.C. § 121, that lets qualifying nonprofits and government agencies reproduce and distribute published books and sheet music in accessible formats for people who cannot read standard print, without needing permission from or payment to the copyright holder.¹ Senator John H. Chafee introduced it, President Clinton signed it in September 1996, and Congress broadened it in 2018 through the Marrakesh Treaty Implementation Act.

Who the Law Is For

The statute defines three categories of eligible persons: people who are blind; people with a visual, perceptual, or reading disability (such as dyslexia) that cannot be corrected enough to let them read printed material at roughly the level of someone without the disability; and people with a physical disability that prevents them from holding a book or moving their eyes well enough to read.²

The statute itself does not demand professional certification of the disability. It just defines the qualifying conditions. Individual programs that actually hand out accessible materials typically add their own verification step, so certification is a program-level requirement, not a statutory one.

Which Organizations Can Make Accessible Copies

Only an “authorized entity” can invoke the exception. That means a nonprofit or a government agency whose primary mission involves training, education, or adaptive reading and information access for people who are blind or have other disabilities.³ Public libraries with accessibility programs, schools serving students with print disabilities, and nonprofits focused on adaptive reading all fit.

A for-profit company does not qualify, even if it produces accessible materials. A nonprofit whose main work is something else, such as general arts education, falls outside the definition unless print-disability services are central to what it does. The word “primary” carries real weight; a side project probably will not survive a challenge.

What Works and Formats Are Covered

The exception covers two categories of copyrighted works: previously published literary works, and previously published musical works that exist as text or notation, such as sheet music or lyrics.⁴ Sound recordings, films and other audiovisual works, and unpublished manuscripts are not covered. For music, only the written score or lyrics fall within the exception, not the recorded performance.

Before 2018, the statute reached only “nondramatic” literary works, which left out plays and screenplays. The Marrakesh Treaty Implementation Act removed that limit, so dramatic literary works are now included.⁴

The 2018 update also replaced the older list of “specialized formats” with a functional definition of “accessible format”: any format that gives an eligible person access to the work as feasibly and comfortably as someone without the disability.² In practice that still covers Braille, digital talking books, screen-reader-compatible text files, and refreshable Braille displays, but the functional wording leaves room for new technologies without waiting for another statutory update.

Rules Every Copy Must Follow

Authorized entities cannot simply convert works and distribute them however they like. Every copy produced under § 121 must meet three requirements:⁴

It can be reproduced or distributed in the United States only in an accessible format, exclusively for eligible persons.
It must carry a notice warning that any further reproduction or distribution in a non-accessible format is copyright infringement.
It must include a copyright notice identifying the original copyright owner and the date of original publication.

Handing out copies to people who are not eligible, or producing them in a standard format anyone could read, strips away the exception and opens the entity to a copyright infringement claim.

Tests and Software Are Excluded

Standardized, secure, and norm-referenced tests and related testing materials are carved out of the exception.² Computer programs are also excluded, except for the portions written in ordinary human language that appear on screen during normal use. An authorized entity cannot reproduce an entire software application, but it can convert the on-screen help text, instructions, or descriptions of images embedded in the program.

Cross-Border Sharing Under Section 121A

The Marrakesh Treaty Implementation Act added § 121A, which lets accessible-format copies move across national borders.⁵ A U.S. authorized entity can export accessible copies to an authorized entity or eligible person in any country that is a party to the Marrakesh Treaty, as long as it does not know or have reason to believe the copies will end up with ineligible users. Import works the same way in reverse: an authorized entity, eligible person, or someone acting on their behalf can bring accessible copies into the United States without infringing U.S. copyright.

Over 100 countries are now parties to the Marrakesh Treaty.⁶ Before this framework, a Braille library in France and one in the United States each had to produce its own accessible edition of the same book. The treaty and § 121A let them share the work.

Entities operating across borders carry heavier operational duties than those distributing only inside the United States. They must verify that the people they serve are eligible, limit distribution to eligible persons and other authorized entities, discourage unauthorized copying, keep records of how copies are handled while respecting user privacy, and publicly list the titles they have in accessible formats along with their cross-border partners and policies.⁵

How Individual Readers Get Materials

The largest program operating under the Chafee Amendment is the National Library Service for the Blind and Print Disabled (NLS), run by the Library of Congress. NLS provides Braille and talking-book materials free of charge to eligible borrowers throughout the United States and to American citizens living abroad.⁷

Enrolling requires an application and certification of the disability by a “competent authority.” The list is broader than most people expect and includes doctors, optometrists, registered nurses, therapists, psychologists, and professional staff at hospitals or welfare agencies, such as educators, social workers, counselors, rehabilitation teachers, certified reading specialists, and librarians.⁷ Where none of those are available, a professional librarian or any person the Library of Congress considers competent can certify. That breadth matters in areas with limited medical access.

What Happens If the Rules Are Broken

An organization that distributes accessible copies to ineligible people, skips the required notices, or releases the work in a non-accessible format loses § 121 protection and faces an ordinary copyright infringement claim. Where the infringement is willful, a court can award statutory damages of up to $150,000 per work.⁸ Those stakes are why authorized entities tend to be careful about eligibility checks and notices, even where the statute does not spell out how to document the steps.

Section 121A also states expressly that nothing in the international-exchange provision creates a new cause of action or a basis for federal agency regulation.⁵ Enforcement runs through standard copyright law; there is no separate penalty scheme specific to accessible-format violations.

1
Library of Congress. The Chafee Amendment: 17 U.S.C. 121 and 121A
2
Office of the Law Revision Counsel. 17 USC 121 – Limitations on Exclusive Rights: Reproduction for Blind or Other People With Disabilities
3
Legal Information Institute. 17 USC 121(d)(1) – Definition of Authorized Entity
4
Office of the Law Revision Counsel. 17 USC 121 – Limitations on Exclusive Rights: Reproduction for Blind or Other People With Disabilities
5
Office of the Law Revision Counsel. 17 USC 121A – Limitations on Exclusive Rights: Reproduction for Blind or Other People With Disabilities in Marrakesh Treaty Countries
6
WIPO Lex. Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled
7
Library of Congress. Apply for NLS Services
8
Office of the Law Revision Counsel. 17 USC 504 – Remedies for Infringement: Damages and Profits