Assembly Bill A5837B

Vetoed By Governor
2021-2022 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor

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

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Votes

Bill Amendments

co-Sponsors

2021-A5837 - Details

See Senate Version of this Bill:
S2890
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S7576

2021-A5837 - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes penalties.

2021-A5837 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5837
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Consumer Affairs and 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, OR OTHER LITERARY PRODUCTIONS INCLUD-
 ING 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04861-02-1

co-Sponsors

2021-A5837A - Details

See Senate Version of this Bill:
S2890
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S7576

2021-A5837A - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes penalties.

2021-A5837A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5837--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE, LAVINE, JENSEN -- read once and
   referred to the  Committee  on  Consumer  Affairs  and  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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
 399-nn to read as follows:
   §  399-NN.  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, OR OTHER LITERARY PRODUCTIONS INCLUD-
 ING 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04861-03-1

co-Sponsors

2021-A5837B (ACTIVE) - Details

See Senate Version of this Bill:
S2890
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S7576

2021-A5837B (ACTIVE) - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes penalties.

2021-A5837B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5837--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE, LAVINE, JENSEN -- read once and
   referred to the  Committee  on  Consumer  Affairs  and  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- again reported  from  said  committee
   with  amendments, ordered reprinted as amended and recommitted to said
   committee
 
 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
 399-nn to read as follows:
   §  399-NN.  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, OR OTHER LITERARY PRODUCTIONS INCLUD-
 ING 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04861-05-1

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