What's happening
This bill requires publishers to offer electronic book licenses to libraries on reasonable terms, ensuring library user access.
Why it matters
Levels the playing field for libraries. Mandates that publishers must offer the same e-book licenses to libraries as they do to the public, preventing publishers from excluding libraries or imposing discriminatory terms that could restrict public access to digital materials.
Defines “reasonable terms” for licensing. Specifies what publishers can and cannot do in e-book licenses to libraries—allowing limits on simultaneous users and loan periods, but explicitly prohibiting caps on how many licenses a library can buy at one time.
Protects user access with technology safeguards. Allows publishers to require technological protections that prevent users from keeping e-books past their loan period or illegally sharing them, balancing library lending with copyright protection.
Creates legal consequences for non-compliance. Treats violations as deceptive business practices under existing law, giving libraries a legal avenue to challenge unfair e-book licensing terms and helping ensure publisher accountability.
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Who cares
New York libraries
The bill would require publishers offering e-book licenses to the public to offer libraries reasonable terms, without caps on how many licenses libraries may purchase on the date the books become available to the public.
E-book publishers
Publishers would face licensing requirements enforceable through remedies for deceptive practices under the General Business Law.
Library users
Users would gain access to covered e-books through libraries, subject to limits on simultaneous users and borrowing periods.
Library digital lending providers
Library licenses would require technological protections preventing users from retaining access beyond the licensed period or sharing access with others.
Headline styles
Let Libraries License E-Books
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7576
IN SENATE
January 28, 2020
Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to requiring publishers to offer licenses for electronic books to libraries under reasonable terms
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 349-g to read as follows:
§ 349-g. Electronic book licenses. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "electronic book" means a text document that has been converted into or published in a digital format that is read on a computer, tablet, smart phone, or electronic device; and
(b) "publisher" means one whose business is the manufacture, promulgation, and sale of books, journals, magazines, newspapers, or other literary productions including those in digital form consisting of text, imagery or both.
2. Any publisher who offers to license electronic books to the public shall offer to license such books to libraries in the state on reasonable terms that would permit the libraries to provide their users with access to such electronic books.
3. (a) Such reasonable terms shall include:
(i) a limitation on the number of users to whom the libraries may simultaneously provide access to the electronic books;
(ii) a limitation on the number of days the libraries may provide a user with access to the electronic books; and
(iii) the use of technological protection measures that would prevent a user from (A) maintaining access to the electronic books beyond the access period set forth in the license, and (B) providing other users with access to the electronic books.
(b) Such reasonable terms shall not include a limitation on the number of licenses for electronic books libraries may purchase at the same date available to the public.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14971-01-0
S. 7576 2
4. A violation of this section shall be deemed a deceptive practice within the meaning of section three hundred forty-nine of this article, and any remedy provided pursuant to this article shall be available for the enforcement of this section.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to requiring publishers to offer licenses for electronic books to libraries under reasonable terms
Purpose
To make e-books equally accessible to public libraries in the state on reasonable terms.
Summary of provisions
This bill amends the general business law by adding a new section 349-g that requires publishers to offer electronic books to public libraries under reasonable terms. Subsection one establishes definitions for elec- tronic books and publishers. Subsection two requires publishers to offer e-books to libraries on reasonable terms that permit libraries to provide patrons with access to said books. Subsection three defines what shall and shall not constitute reasonable terms for e-book licen- sure. Subsection four deems violations of this section as deceptive practices with applicable remedies. Section 2 sets the effective date.
Justification
Public libraries provide equitable access to information for all. Many New Yorkers prefer digital content and libraries provide this content as a benefit to their communities. E-books are particularly useful for senior citizens, people with disabilities, and others who may find digital content more accessible and manageable than paper books. As the market for e-books has developed and matured, publishers and libraries have worked to develop equitable models to ensure access to library patrons. Many of these practices are widely accepted and help ensure libraries are able to provide access.
As markets continue to grow, however, some publishers are introducing practices that significantly interfere with libraries' ability to continue to provide their patrons with equitable access. In particular, there are e-book embargoes in place that restrict the timely availabili- ty of e-books to public libraries. These embargoes place an unfair burden on public library systems that are forced to wait eight weeks to purchase more than one license for a title. Such embargos undermine the democratic and educational function of library systems.
This discriminatory practice will restrict access in ways that harm library systems and those they serve. Many library patrons are lower income or face barriers to other means of information access. These new licensing restrictions means patrons may be forced to wait much longer to borrow books, as only one title is made available per library system. Additionally, these restrictions will financially burden library systems that will have to purchase more titles to keep up with demand following the two-month embargo. Finally, it significantly restricts access to titles for New Yorkers who find digital content more accessible than paper books.
This bill establishes in statute what constitutes reasonable and unrea- sonable standards for e-book licensing to New York's public libraries. It requires publishers who offer to license e-books to the public shall offer such books to libraries on said reasonable terms. In doing so, it ensures that widely accepted and effective industry practices remain in place while prohibiting harmful practices that discriminate against libraries and harm library patrons.
Legislative history
New bill.
Fiscal implications
None to the state.
Effective date
90 days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.