S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3589
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced  by  M.  of A. R. CARROLL, JONES, JACOBSON, ZACCARO, SEPTIMO,
   DINOWITZ, LEVENBERG, BENEDETTO, CONRAD, BRONSON,  BUTTENSCHON,  GONZA-
   LEZ-ROJAS,  LUNSFORD,  LAVINE, SIMON, McMAHON, STERN, SAYEGH, WOERNER,
   WEPRIN -- read once and referred to the  Committee  on  Libraries  and
   Education Technology

 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,
 NEWSPAPERS, OR OTHER LITERARY PRODUCTIONS INCLUDING THOSE IN THE FORM OF
 ELECTRONIC LITERARY MATERIALS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06715-01-5
              

 A. 3589                             2
 
   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.
 A. 3589                             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.