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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.
(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 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) 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.
Section 122. Limitations on exclusive rights; secondary transmissions by
satellite carriers within local markets [68]
(a) Secondary Transmissions of television Broadcast Stations by
Satellite Carriers. A secondary transmission of a performance or display
of a work embodied in a primary transmission of a television broadcast
station into the station's local market shall be subject to statutory
licensing under this section if-
(1) the secondary transmission is made by a satellite carrier to the
public;
(2) with regard to secondary transmissions, the sate
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