As a result of the Marrakesh Treaty Implementation Act (2018), the term “eligible person” replaced “blind persons or other persons with print disabilities” in section 121 of the U.S. Copyright Act, also known as the Chafee Amendment. An eligible person is defined as someone who is either blind, has a “visual impairment or perceptual or reading disability” rendering them unable to read printed works “to substantially the same degree as a person without an impairment or disability,” or has a physical disability making them unable to hold or manipulate a book or focus or move their eyes to read. A condition making one an “eligible person” must be “determined by a competent authority possessing experience in making such determinations.” (National Center on Accessible Educational Materials, 2021)

As a result of the Marrakesh Treaty Implementation Act (2018), the list of professionals who can certify a person’s eligibility to receive accessible formats, defined by Library of Congress regulations, was revised. The revision was posted in the Federal Register on February 12, 2021 and states: Eligibility must be certified by one of the following: doctor of medicine, doctor of osteopathy, ophthalmologist, optometrist, psychologist, registered nurse, therapist, and professional staff of hospitals, institutions, and public or welfare agencies, such as an educator, a social worker, case worker, counselor, rehabilitation teacher, certified reading specialist, school psychologist, superintendent, or librarian. (National Center on Accessible Educational Materials, 2021)