Senate Bill S7576

2019-2020 Legislative Session

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S7576 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §349-g, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S2890

2019-S7576 (ACTIVE) - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes that a violation shall be deemed a deceptive practice.

2019-S7576 (ACTIVE) - Sponsor Memo

2019-S7576 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7576
 
                             I N  S E N A T E
 
                             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  ASSEM-
 BLY, 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, PROMULGA-
 TION, 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  REASON-
 ABLE  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
              

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