COPYRIGHT.

SEC. 306. COPYRIGHT. Section 121 of title 17, United States Code, is amended—(1) by redesignating subsection (c) as subsection (d);(2) by inserting after subsection (b) the following:“(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.”; and(3) in subsection (d), as redesignated by this section—(A) in paragraph (2), by striking “and” after the semicolon; and(B) by striking paragraph (3) and inserting the following:“(3) ‘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 118 STAT. 2808 distributed exclusively for use by blind or other persons with disabilities.”.