NY State Senate Bill 2023-S6868A

Current Bill Status - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	ordered to third reading rules cal.554 substituted for a10544
May 30, 2024	referred to libraries and education technology delivered to assembly passed senate
May 28, 2024	advanced to third reading
May 23, 2024	2nd report cal.
May 22, 2024	1st report cal.1463
Apr 10, 2024	print number 6868a
Apr 10, 2024	amend (t) and recommit to libraries
Jan 03, 2024	referred to libraries
Jun 10, 2023	committed to rules
May 30, 2023	advanced to third reading
May 24, 2023	2nd report cal.
May 23, 2023	1st report cal.1215
May 12, 2023	referred to libraries

Votes

- May 30, 2024 - Floor Vote
  S6868A
  
  57
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2024
      
      aye (57)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Webb
      
      Weber
      
      Weik
      
      absent (1)
      
      Sanders Jr.
      
      excused (4)
      
      Felder
      
      Myrie
      
      Thomas
      
      Walczyk
  May 22, 2024 - Libraries Committee Vote
  S6868A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Libraries Committee Vote: May 22, 2024
      
      aye (7)
      
      Brisport
      
      Chu
      
      Mannion
      
      Murray
      
      Ryan
      
      Serrano
      
      Tedisco
  May 23, 2023 - Libraries Committee Vote
  S6868A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Libraries Committee Vote: May 23, 2023
      
      aye (7)
      
      Brisport
      
      Chu
      
      Mannion
      
      Murray
      
      Ryan
      
      Serrano
      
      Tedisco

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S6868 - Details

See Assembly Version of this Bill:: A10544
Law Section:: Education Law
Laws Affected:: Add §286, Ed L

2023-S6868 - Summary

Protects library access to electronic literary materials by prohibiting certain restrictive provisions in contracts between publishers and libraries.

2023-S6868 - Sponsor Memo

                                 
BILL NUMBER: S6868

SPONSOR: CHU
 
TITLE OF BILL:

An act to amend the education law, in relation to allowing library
access to electronic books and digital audiobooks

 
PURPOSE:

The purpose of this legislation is to ensure that libraries located in
the state are not limited in the amount of electronic books or digital
audiobooks they can obtain through contracts with publishers

 
SUMMARY OF PROVISIONS:

Section 1 provides definitions of "aggregator," "borrower," "digital
audiobook," "electronic book," "electronic library material,"
"libraries," "loan," "loan period," "publisher," "technical protection
measures," and "virtually" as used in the act.

Subsection 2 identifies the statutes of contracts between publishers and

libraries located in the state on how electronic books and digital
audiobooks can be utilized by public libraries for standard lending
practices.

Subsection 3 reflects the provisions reflecting fair pricing practices
between publishers and libraries, for the costs of electronic books and
digital audiobooks.

Section 2 provides a severability clause.

Section 3 provides the effective date.

 
JUSTIFICATION:

Public libraries are central in providing equitable access to informa-
tion, books, and community programing. As technology advances, the
market has increased for digital content, which libraries have been able
to provide. E-books are particularly useful for our seniors, people with
low vision, lack of transportation, and others who may find digital
content more accessible and manageable than paper books. Moreover, the
accessibility of these E-books has shown that it expands readership,
print purchases, and introduces patrons to new authors that may not have
otherwise been exposed to.

However, some publishers are introducing practices that severely limit
libraries' ability to serve their patrons with equitable access.  Plac-
ing caps on lending practices, while imposing vastly increased costs of
licensing titles to libraries, forces an unfair burden on public
libraries and limits their ability to provide the educational function
of library systems.

This discriminatory practice will restrict the ways in which public
libraries would be able to serve their patrons; many library patrons are
lower income or face barriers to other means of information access.
These restrictive lending and pricing measures will financially burden
library systems and limits their ability to provide a wider swath of
titles and digital content.
This bill establishes in statute a more equitable consumer contract
between publishers and New York's public libraries; it requires publish-
ers to offer to license e-books on more reasonable terms that are not
inflated over the same practice of sale that would be offered to a
private individual, prohibiting harmful practices that discriminate
against libraries and harm library patrons.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6868 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6868
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced by Sens. CHU, MAY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Libraries
 
 AN  ACT  to  amend  the  education  law, in relation to allowing library
   access to electronic books and digital audiobooks
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 286 to
 read as follows:
   §  286.  ELECTRONIC  BOOKS AND DIGITAL AUDIOBOOKS. 1. DEFINITIONS. FOR
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   A.  "AGGREGATOR"  SHALL  MEAN  ONE  WHOSE  BUSINESS  IS THE SELLING OR
 LICENSING OF ACCESS TO COLLECTIONS OF ELECTRONIC LITERARY MATERIAL  FROM
 MULTIPLE PUBLISHERS.
   B.  "BORROWER"  SHALL MEAN A PERSON OR ORGANIZATION, INCLUDING ANOTHER
 LIBRARY, TO WHOM A LIBRARY LOANS ELECTRONIC LITERARY MATERIAL.
   C. "DIGITAL AUDIOBOOK" SHALL MEAN A PUBLISHED WORK THAT IS IN THE FORM
 OF A NARRATED VOICE RECORDING AND IS RELEASED AS A DIGITAL AUDIO FILE.
   D. "ELECTRONIC BOOK" SHALL MEAN A PUBLISHED WORK THAT  IS  IN  WRITTEN
 FORM AND IS RELEASED AS A DIGITAL TEXT FILE.
   E.  "ELECTRONIC  LITERARY  MATERIAL"  MEANS  DIGITAL AUDIOBOOKS AND/OR
 ELECTRONIC BOOKS.
   F. "LIBRARIES" SHALL INCLUDE:
   (1) PUBLIC LIBRARIES;
   (2) FREE ASSOCIATION LIBRARIES;
   (3) SCHOOL LIBRARIES AND SCHOOL LIBRARY SYSTEMS;
   (4) INDIAN LIBRARIES;
   (5) PROFESSIONAL AND TECHNICAL LIBRARIES;
   (6) ACADEMIC AND RESEARCH LIBRARIES;
   (7) SPECIAL LIBRARIES;
   (8) TALKING BOOK AND BRAILLE LIBRARIES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11047-01-3

 S. 6868                             2
 
   (9) ARCHIVES.
   G.  "LOAN"  SHALL  MEAN TO CREATE AND TRANSMIT TO A BORROWER A COPY OF
 ELECTRONIC LITERARY MATERIAL AND DELETE IT AT THE END OF THE LOAN  PERI-
 OD.
   H.  "LOAN  PERIOD"  SHALL  MEAN THE TIME BETWEEN THE TRANSMISSION TO A
 BORROWER OF A COPY OF ELECTRONIC  LITERARY  MATERIAL  AND  SUCH  COPIES'
 DELETION, AS DETERMINED BY THE LIBRARY PROVIDING THE LOAN.
   I. "PUBLISHER" SHALL MEAN:
   (1)  ONE  WHOSE  BUSINESS  IS  THE MANUFACTURE, PROMULGATION, LICENSE,
 AND/OR SALE OF BOOKS, AUDIOBOOKS, JOURNALS,  MAGAZINES,  NEWSPAPERS,  OR
 OTHER LITERARY PRODUCTIONS, INCLUDING ELECTRONIC LITERARY MATERIALS; AND
   (2)  AN  AGGREGATOR  WHO  ENTERS INTO CONTRACTS WITH LIBRARIES FOR THE
 PURPOSES OF LICENSING ELECTRONIC LITERARY MATERIAL.
   J. "TECHNOLOGICAL PROTECTION MEASURES" SHALL MEAN ANY TECHNOLOGY  THAT
 ENSURES THE SECURE LOANING AND/OR CIRCULATION BY A LIBRARY OF ELECTRONIC
 LITERARY MATERIAL.
   K.  "VIRTUALLY"  SHALL  MEAN  TRANSMITTED TO RECEIVING PARTIES VIA THE
 INTERNET IN SUCH A  WAY  THAT  SUCH  TRANSMISSION  APPEARS  BEFORE  SUCH
 RECEIVING PARTIES ON A COMPUTER, TABLET, SMART PHONE, OR OTHER ELECTRON-
 IC DEVICE.
   2. CONTRACTS BETWEEN LIBRARIES AND PUBLISHERS. A. ANY CONTRACT OFFERED
 BY  A  PUBLISHER  TO  A LIBRARY LOCATED IN THE STATE FOR THE PURPOSES OF
 LICENSING ELECTRONIC LITERARY MATERIAL TO THE PUBLIC SHALL  BE  GOVERNED
 BY THE LAWS OF THE STATE.
   B.  A  CONTRACT  BETWEEN  A  LIBRARY  AND  A PUBLISHER TO PROVIDE SUCH
 LIBRARY  WITH  ELECTRONIC  LITERARY  MATERIAL  SHALL  NOT  CONTAIN   ANY
 PROVISION THAT:
   (1)  PRECLUDES,  LIMITS,  OR  RESTRICTS  THE  LIBRARY  FROM PERFORMING
 CUSTOMARY OPERATIONAL AND LENDING FUNCTIONS, INCLUDING:
   (I) LICENSING ELECTRONIC LITERARY MATERIAL FROM PUBLISHERS;
   (II) LOANING ELECTRONIC LITERARY MATERIAL TO BORROWERS;
   (III) EMPLOYING TECHNOLOGICAL PROTECTION MEASURES AS IS  NECESSARY  TO
 LOAN ELECTRONIC LIBRARY MATERIAL;
   (IV)  MAKING  NON-PUBLIC  PRESERVATION  COPIES  OF ELECTRONIC LITERARY
 MATERIAL;
   (V)  LOANING  ELECTRONIC  LITERARY  MATERIAL  VIA  INTERLIBRARY   LOAN
 SYSTEMS;
   (VI) DETERMINING LOAN PERIODS FOR LICENSED ELECTRONIC LITERARY MATERI-
 AL;
   (VII)  VIRTUALLY  RECITING TEXT AND DISPLAYING ARTWORK OF ANY MATERIAL
 TO LIBRARY PATRONS AT A LIBRARY FACILITY, SUCH THAT SUCH MATERIAL  WOULD
 NOT HAVE THE SAME EDUCATIONAL UTILITY WITHOUT SUCH VIRTUAL RECITATION OR
 DISPLAY; AND
   (VIII)  DISCLOSING  ANY  TERMS  OF  ITS  LICENSE  AGREEMENTS  TO OTHER
 LIBRARIES;
   (2) LIMITS OR RESTRICTS:
   (I) THE NUMBER OF LICENSES FOR ELECTRONIC  LITERARY  MATERIAL  THAT  A
 LIBRARY MAY ACQUIRE AFTER SUCH MATERIAL IS MADE AVAILABLE TO THE PUBLIC;
 OR
   (II)  THE  TOTAL  NUMBER OF TIMES THAT A LIBRARY MAY LOAN ANY LICENSED
 ELECTRONIC LITERARY MATERIAL OVER THE COURSE OF ANY  LICENSE  AGREEMENT,
 OR  THE  DURATION  OF  ANY  LICENSE AGREEMENT, UNLESS THE PUBLISHER ALSO
 OFFERS TO SUCH LIBRARY A LICENSE AGREEMENT FOR PERPETUAL PUBLIC  USE  OF
 SUCH  ELECTRONIC  LITERARY MATERIAL WITHOUT SUCH LIMITS OR RESTRICTIONS,
 AT A PRICE WHICH IS CONSIDERED REASONABLE AND EQUITABLE AND AGREED TO BY
 BOTH PARTIES; OR
 S. 6868                             3
 
   (3) REQUIRES, COERCES, OR ENABLES A LIBRARY TO:
   (I)  ACQUIRE A LICENSE FOR ANY ELECTRONIC LITERARY MATERIAL AT A PRICE
 GREATER THAN THAT CHARGED TO THE PUBLIC FOR SUCH MATERIAL;
   (II) PAY A COST-PER-CIRCULATION FEE TO LOAN ELECTRONIC LITERARY  MATE-
 RIAL,  UNLESS SUCH FEE IS SUBSTANTIALLY LOWER IN AGGREGATE THAN THE COST
 OF PURCHASING SUCH MATERIAL; OR
   (III) VIOLATE THE LAW PROTECTING THE  CONFIDENTIALITY  OF  A  PATRON'S
 LIBRARY RECORDS PURSUANT TO SECTION FORTY-FIVE HUNDRED NINE OF THE CIVIL
 PRACTICE LAW AND RULES.
   3.  UNFAIR AND DECEPTIVE TRADE PRACTICES; UNCONSCIONABILITY; REMEDIES.
 A.  (1) OFFERS TO LICENSE ELECTRONIC LITERARY MATERIAL  THAT  INCLUDE  A
 PROVISION  THAT IS PROHIBITED PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO
 OF THIS SECTION SHALL CONSTITUTE UNFAIR AND  DECEPTIVE  TRADE  PRACTICES
 PURSUANT  TO  SECTION  THREE  HUNDRED FORTY-NINE OF THE GENERAL BUSINESS
 LAW, AND ANY REMEDY PROVIDED PURSUANT TO  ARTICLE  TWENTY-TWO-A  OF  THE
 GENERAL  BUSINESS  LAW  SHALL  BE  AVAILABLE FOR THE ENFORCEMENT OF THIS
 SECTION.
   (2) ACTIONS FOR RELIEF PURSUANT TO THIS  SECTION  MAY  BE  BROUGHT  BY
 LIBRARIES, LIBRARY OFFICERS, OR BORROWERS.
   (3)  PARTIES  SHALL  BE  ENJOINED BY THE COURTS FROM ENFORCING LICENSE
 AGREEMENTS THAT INCLUDE A PROVISION THAT IS PROHIBITED PURSUANT TO PARA-
 GRAPH B OF SUBDIVISION TWO OF THIS SECTION.
   B. CONTRACTS TO LICENSE ELECTRONIC LITERARY MATERIAL  THAT  INCLUDE  A
 PROVISION  THAT IS PROHIBITED PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO
 OF THIS SECTION SHALL BE UNCONSCIONABLE PURSUANT TO SECTION 2-302 OF THE
 UNIFORM COMMERCIAL CODE IN VIOLATION OF THE PUBLIC POLICY OF THIS  STATE
 AND SHALL BE DEEMED UNENFORCEABLE AND VOID. ANY WAIVER OF THE PROVISIONS
 OF THIS SECTION SHALL BE DEEMED UNENFORCEABLE AND VOID.
   C.  ANY  PUBLISHER  THAT  VIOLATES THIS SECTION SHALL BE SUBJECT TO AN
 INJUNCTION AND LIABLE TO PAY A CIVIL PENALTY OF NOT MORE THAN TWO  THOU-
 SAND  FIVE  HUNDRED  DOLLARS  FOR  EACH VIOLATION OR SEVEN THOUSAND FIVE
 HUNDRED DOLLARS FOR EACH INTENTIONAL VIOLATION, TO  BE  IMPOSED  BY  THE
 COURTS.
   4. EXISTING CONTRACTS. NOTHING IN THIS SECTION SHALL APPLY TO EXISTING
 CONTRACTS  BETWEEN  LIBRARIES  AND  PUBLISHERS TO PROVIDE SUCH LIBRARIES
 WITH ELECTRONIC LITERARY MATERIAL THAT ARE IN FORCE PRIOR TO THE  EFFEC-
 TIVE DATE OF THIS SECTION.
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 section, or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section, or part there-
 of  directly  involved  in  the controversy in which such judgment shall
 have been rendered. It is hereby declared to be the intent of the legis-
 lature that this act would  have  been  enacted  even  if  such  invalid
 provisions had not been included herein.
   § 3. This act shall take effect immediately.

co-Sponsors

2023-S6868A (ACTIVE) - Details

See Assembly Version of this Bill:: A10544
Law Section:: Education Law
Laws Affected:: Add §286, Ed L

2023-S6868A (ACTIVE) - Summary

Protects library access to electronic literary materials by prohibiting certain restrictive provisions in contracts between publishers and libraries.

2023-S6868A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6868A

SPONSOR: CHU
 
TITLE OF BILL:

An act to amend the education law, in relation to protecting library
access to electronic literary materials

 
PURPOSE:

The purpose of this legislation is to ensure that New York libraries can
fully provide equitable access to information and materials by making
sure that the acquisition terms for electronic library materials in
contracts between libraries and publishers are reasonable and have
comparable utility in digital form as well as in analog

 
SUMMARY OF PROVISIONS:

Section 1 provides definitions of "digital audiobook," "electronic
book," "electronic library material," "libraries," "aggregator," "liter-
ary monograph," "technical protection measures," "borrower," "virtual-
ly," "loan," and "loan period," as used in the act.

Subsection 2 provides any contract between publishers and libraries
shall be governed by the laws of the State. Any contract between
publishers and libraries that includes any prohibited provision shall be
deemed unenforceable and void. However, this section states the prohib-
ited provisions shall only apply to licensing agreements governing the
use of literary monographs.

Subsection 3 identifies the statues of contracts between publishers and
libraries in the state, in which these contracts shall not include
provisions that limit or restrict any library functions relating to
purchasing and loaning electronic books and materials.

Subsection 4 states any contract to purchase or license electronic
literary materials that include a prohibited provision will constitute
an unfair or deceptive act. Any actions relating to remedy or relief for
unfair or deceptive acts may be brought by libraries, library officers,
borrowers, or Attorney General.

Section 2 provides a severability clause.

Section 3 provides the effective date.

 
JUSTIFICATION:

Public libraries are central in providing equitable access to informa-
tion, books, and community programing. As technology advances, the
market has increased for digital content, which libraries have been able
to provide. E-books are particularly useful for our seniors, people with
low vision, lack of transportation, and others who may find digital
content more accessible and manageable than paper books. Moreover, the
accessibility of these E-books has shown that it expands readership,
print purchases, and introduces patrons to new authors that may not have
otherwise been exposed to.

However, some publishers are introducing practices that severely limit
libraries' ability to serve their patrons with equitable access.  Plac-
ing caps on lending practices, while imposing vastly increased costs of
licensing titles to libraries, forces an unfair burden on public
libraries and limits their ability to provide the educational function
of library systems.

This discriminatory practice will restrict the ways in which public
libraries would be able to serve their patrons; many library patrons are
lower income or face barriers to other means of information access.
These restrictive lending and pricing measures will financially burden
library systems and limits their ability to provide a wider swath of
titles and digital content.

This bill establishes in statute a more equitable consumer contract
between publishers and New York's public libraries; it requires publish-
ers to offer to license e-books on more reasonable terms that are not
inflated over the same practice of sale that would be offered to a
private individual, prohibiting harmful practices that discriminate
against libraries and harm library patrons. By regulating, as opposed to
mandating, contracts between publisher and libraries, this legislation
would not encroach on issues of copyright and thereby circumvents
preemption and violations of publishers' or authors' rights.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6868A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6868--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced by Sens. CHU, FERNANDEZ, MAY, RYAN, SCARCELLA-SPANTON -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Libraries -- recommitted to the Committee on Libraries in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the education law, in  relation  to  protecting  library
   access to electronic literary materials
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 286 to
 read as follows:
   § 286. ACCESS TO ELECTRONIC BOOKS AND DIGITAL AUDIOBOOKS. 1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   A. "DIGITAL AUDIOBOOK" MEANS A PUBLISHED WORK THAT IS IN THE FORM OF A
 VOICE RECORDING (NARRATED) AND IS RELEASED AS A DIGITAL AUDIO FILE;
   B. "ELECTRONIC BOOK" MEANS A PUBLISHED WORK THAT IS  IN  WRITTEN  FORM
 AND IS RELEASED AS A DIGITAL TEXT FILE;
   C.  "ELECTRONIC  LITERARY  MATERIALS"  MEANS DIGITAL AUDIOBOOKS AND/OR
 ELECTRONIC BOOKS;
   D. "LIBRARIES" INCLUDES:
   (1) PUBLIC LIBRARIES;
   (2) PUBLIC ELEMENTARY SCHOOL OR SECONDARY SCHOOL LIBRARIES;
   (3) TRIBAL LIBRARIES;
   (4) ACADEMIC LIBRARIES;
   (5) RESEARCH LIBRARIES; AND
   (6) ARCHIVES;
   E. "PUBLISHER" MEANS ONE WHOSE BUSINESS IS THE MANUFACTURE,  PROMULGA-
 TION,  LICENSE,  AND/OR  SALE OF BOOKS, AUDIOBOOKS, JOURNALS, MAGAZINES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11047-02-4
 S. 6868--A                          2

 
 NEWSPAPERS, OR OTHER LITERARY PRODUCTIONS INCLUDING THOSE IN THE FORM OF
 ELECTRONIC LITERARY MATERIALS;
   F. "AGGREGATOR" MEANS ONE WHOSE BUSINESS IS THE LICENSING OF ACCESS TO
 ELECTRONIC  LITERARY MATERIAL COLLECTIONS THAT INCLUDE ELECTRONIC LITER-
 ARY MATERIAL FROM MULTIPLE PUBLISHERS;
   G. "LITERARY MONOGRAPH" MEANS A LITERARY WORK THAT IS PUBLISHED IN ONE
 VOLUME OR A FINITE NUMBER OF VOLUMES;
   H. "TECHNOLOGICAL  PROTECTION  MEASURES"  MEANS  ANY  TECHNOLOGY  THAT
 ENHANCES THE SECURE LOANING AND/OR CIRCULATION BY A LIBRARY OF ELECTRON-
 IC LITERARY MATERIALS;
   I.  "BORROWER"  MEANS  A  PERSON  OR  ORGANIZATION,  INCLUDING ANOTHER
 LIBRARY, TO WHOM THE LIBRARY LOANS MEDIA OF ANY SORT;
   J. "VIRTUALLY" MEANS TRANSMITTED TO RECEIVING PARTIES VIA THE INTERNET
 IN SUCH A WAY THAT THE TRANSMISSION APPEARS IN FRONT  OF  THE  RECEIVING
 PARTIES ON A COMPUTER, TABLET, SMART PHONE, OR ELECTRONIC DEVICE;
   K. "LOAN" MEANS CREATE AND TRANSMIT TO A BORROWER A COPY OF ELECTRONIC
 LITERARY MATERIAL AND DELETE IT AT THE END OF THE LOAN PERIOD;
   L. "LOAN PERIOD" MEANS THE TIME BETWEEN THE TRANSMISSION OF ELECTRONIC
 LITERARY  MATERIAL TO A BORROWER AND THE COPIES' DELETION, AS DETERMINED
 BY ANY INDIVIDUAL LIBRARY.
   2. A. ANY CONTRACT OFFERED BY A PUBLISHER TO A LIBRARY LOCATED IN  THE
 STATE  FOR THE PURPOSES OF LICENSING ELECTRONIC LITERARY MATERIAL TO THE
 PUBLIC SHALL BE GOVERNED BY THE LAWS OF THIS STATE.
   B. ANY CONTRACT TO PURCHASE OR LICENSE ELECTRONIC  LITERARY  MATERIALS
 THAT  INCLUDES A PROHIBITED PROVISION AS ENUMERATED IN SUBDIVISION THREE
 OF THIS SECTION IS UNCONSCIONABLE  PURSUANT  TO  SECTION  2-302  OF  THE
 UNIFORM  COMMERCIAL CODE IN VIOLATION OF PUBLIC POLICY IN THIS STATE AND
 IS DEEMED UNENFORCEABLE AND VOID. ANY WAIVER OF THE PROVISIONS  OF  THIS
 SECTION  IS  CONTRARY TO PUBLIC POLICY AND SHALL BE DEEMED UNENFORCEABLE
 AND VOID.
   C. THE PROHIBITED PROVISIONS AS ENUMERATED  IN  SUBDIVISION  THREE  OF
 THIS  SECTION SHALL ONLY APPLY TO LICENSING AGREEMENTS GOVERNING THE USE
 OF LITERARY MONOGRAPHS.
   D. THE PROHIBITED PROVISIONS AS ENUMERATED  IN  SUBDIVISION  THREE  OF
 THIS  SECTION  SHALL NOT APPLY TO LICENSING AGREEMENTS BETWEEN LIBRARIES
 AND AGGREGATORS.
   3. A CONTRACT BETWEEN A LIBRARY AND A PUBLISHER TO PURCHASE OR LICENSE
 ELECTRONIC LITERARY MATERIAL SHALL NOT CONTAIN ANY PROVISION THAT:
   A. PRECLUDES, LIMITS, OR RESTRICTS THE LIBRARY FROM  PERFORMING  THEIR
 CORE MISSIONS, INCLUDING ANY PROVISION THAT:
   (1)  PRECLUDES,  LIMITS, OR RESTRICTS THE LIBRARY FROM LICENSING ELEC-
 TRONIC LITERARY MATERIALS;
   (2) BARS THE LIBRARY FROM LOANING  ELECTRONIC  LITERARY  MATERIALS  TO
 BORROWERS;
   (3)  RESTRICTS  OR  LIMITS  THE LIBRARY'S RIGHT TO LOAN THE ELECTRONIC
 LITERARY MATERIALS TO BORROWERS USING TECHNOLOGICAL PROTECTION MEASURES;
   (4) RESTRICTS OR LIMITS THE USE OF TECHNOLOGICAL  PROTECTION  MEASURES
 FOR LOANING THE WORK TO BORROWERS;
   (5) RESTRICTS OR LIMITS THE LIBRARY'S RIGHT TO MAKE NON-PUBLIC PRESER-
 VATION COPIES OF THE ELECTRONIC LITERARY MATERIALS;
   (6)  RESTRICTS OR LIMITS THE LIBRARY'S RIGHT TO LOAN ELECTRONIC LITER-
 ARY MATERIALS VIA INTERLIBRARY LOAN SYSTEMS; OR
   (7) RESTRICTS OR LIMITS THE LIBRARY'S ABILITY TO VIRTUALLY RECITE TEXT
 AND DISPLAY ARTWORK OF ANY MATERIALS TO LIBRARY PATRONS  SUCH  THAT  THE
 MATERIALS WOULD NOT HAVE THE SAME EDUCATIONAL UTILITY AS WHEN RECITED OR
 DISPLAYED AT A LIBRARY FACILITY.
 S. 6868--A                          3
 
   B.  RESTRICTS THE NUMBER OF LICENSES FOR ELECTRONIC LITERARY MATERIALS
 THAT THE LIBRARY MAY ACQUIRE AFTER THE SAME ITEM IS  MADE  AVAILABLE  TO
 THE PUBLIC;
   C. REQUIRES THE LIBRARY TO ACQUIRE A LICENSE FOR ANY ELECTRONIC LITER-
 ARY  MATERIAL AT A PRICE GREATER THAN THAT CHARGED TO THE PUBLIC FOR THE
 SAME ITEM;
   D. RESTRICTS  THE  LIBRARY'S  RIGHT  TO  DETERMINE  LOAN  PERIODS  FOR
 LICENSED ELECTRONIC LITERARY MATERIALS;
   E.  RESTRICTS  THE  TOTAL  NUMBER  OF  TIMES  THE LIBRARY MAY LOAN ANY
 LICENSED ELECTRONIC LITERARY MATERIALS OVER THE COURSE  OF  ANY  LICENSE
 AGREEMENT;
   F. RESTRICTS THE DURATION OF ANY LICENSING AGREEMENTS;
   G.  RESTRICTS  THE  LIBRARY  FROM  DISCLOSING ANY TERMS OF ITS LICENSE
 AGREEMENTS TO OTHER LIBRARIES; OR
   H. REQUIRES THE LIBRARY TO VIOLATE THE LAW  PROTECTING  THE  CONFIDEN-
 TIALITY  OF  A  PATRON'S  LIBRARY RECORDS PURSUANT TO SECTION FORTY-FIVE
 HUNDRED NINE OF THE CIVIL PRACTICE LAW AND RULES.
   4. A. ANY CONTRACT TO PURCHASE OR LICENSE ELECTRONIC LITERARY  MATERI-
 ALS  THAT INCLUDES A PROHIBITED PROVISION LISTED IN SUBDIVISION THREE OF
 THIS SECTION SHALL CONSTITUTE AN UNFAIR AND DECEPTIVE  ACT  PURSUANT  TO
 SECTION  THREE  HUNDRED  FORTY-NINE OF THE GENERAL BUSINESS LAW, AND ANY
 REMEDY PROVIDED PURSUANT TO ARTICLE TWENTY-TWO-A OF THE GENERAL BUSINESS
 LAW SHALL BE AVAILABLE FOR THE ENFORCEMENT OF THIS SECTION.
   B. ANY PUBLISHER MAY SEEK THE OPINION  OF  THE  ATTORNEY  GENERAL  FOR
 GUIDANCE ON HOW TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
   C.  ACTIONS  FOR  RELIEF  PURSUANT  TO  THIS SECTION MAY BE BROUGHT BY
 LIBRARIES, LIBRARY OFFICERS, OR BORROWERS OR SHALL  BE  BROUGHT  BY  THE
 ATTORNEY GENERAL.
   D.  ANY PUBLISHER THAT VIOLATES ANY PROVISION OF THIS SECTION SHALL BE
 SUBJECT TO AN INJUNCTION AND LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN
 TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH VIOLATION OR  SEVEN  THOUSAND
 FIVE  HUNDRED  DOLLARS  FOR EACH INTENTIONAL VIOLATION, TO BE IMPOSED BY
 THE COURT.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section, or part of this act shall be adjudged by any court of competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section, or part there-
 of directly involved in the controversy in  which  such  judgment  shall
 have been rendered. It is hereby declared to be the intent of the legis-
 lature  that  this  act  would  have  been  enacted even if such invalid
 provisions had not been included herein.
   § 3. This act shall take effect immediately.

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Senate Bill S6868A

Sponsored By

Current Bill Status - On Floor Calendar

May 30, 2024 - Floor Vote

Floor Vote: May 30, 2024

May 22, 2024 - Libraries Committee Vote

Libraries Committee Vote: May 22, 2024

May 23, 2023 - Libraries Committee Vote

Libraries Committee Vote: May 23, 2023

Bill Amendments

co-Sponsors

2023-S6868 - Details

2023-S6868 - Summary

2023-S6868 - Sponsor Memo

2023-S6868 - Bill Text download pdf

co-Sponsors

2023-S6868A (ACTIVE) - Details

2023-S6868A (ACTIVE) - Summary

2023-S6868A (ACTIVE) - Sponsor Memo

2023-S6868A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6868A

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Sponsored By

Current Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

2023-S6868 - Details

2023-S6868 - Summary

2023-S6868 - Sponsor Memo

2023-S6868 - Bill Text download pdf

co-Sponsors

2023-S6868A (ACTIVE) - Details

2023-S6868A (ACTIVE) - Summary

2023-S6868A (ACTIVE) - Sponsor Memo

2023-S6868A (ACTIVE) - Bill Text download pdf

Comments