Senate Bill S6868

2023-2024 Legislative Session

Protects library access to electronic literary materials

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2023-S6868 - Details

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

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
              

co-Sponsors

2023-S6868A (ACTIVE) - Details

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

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
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.