Relates to the access and use of electronic materials acquired by certain libraries; provides that electronic materials acquired by libraries of public institutions of higher education be available through interlibrary loan networks and that such electronic materials shall not be restricted more than required by copyright laws.
BILL NUMBER:A9897
TITLE OF BILL: An act to amend the education law, in relation to access
and use of electronic materials acquired by certain libraries
PURPOSE OR GENERAL IDEA OF BILL: To ensure that the State University of
New York and City University of New York libraries retain ownership of
electronic texts they purchase, that the text formats purchased or
licensed support scholarly and educational use, and to remove barriers
to resource sharing and distribution networks between libraries,
SUMMARY OF SPECIFIC PROVISIONS: Amends the education law in relation to
the access and use of electronic materials acquired by libraries of
public institutions of higher education to require that electronic mate-
rials purchased by these institutions can be made available to other
libraries through interlibrary loan networks and that access to these
materials is not restricted more than by copyright laws.
JUSTIFICATION: In their current state E-books present a paradox of
portability. While their reduced bulk and electronic formats would make
them appear more portable, within a university library system they are
more limited in this regard than paper books. Academic libraries cannot
share e-books through interlibrary loan networks because of limitations
included in their licensing and purchasing agreements with publishers
and restrictive file formats. To ensure that libraries can retain owner-
ship and share electronic texts in the same ways they do with paper-
S T A T E O F N E W Y O R K
________________________________________________________________________
9897
I N A S S E M B L Y
February 9, 2010
___________
Introduced by M. of A. KELLNER -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to access and use of
electronic materials acquired by certain libraries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 249-a of the education law, as added by chapter
1048 of the laws of 1974, is amended to read as follows:
S 249-a. Libraries of public institutions of higher education; access
and use. 1. The state university trustees and the board of higher
education of the city of New York are hereby authorized to establish
such rules and regulations as may be necessary and appropriate to make
provision for access and use by the residents of the state of the
libraries and library facilities of the public institutions of higher
education under their respective jurisdictions.
2. LIBRARIES OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION MAY ENTER INTO
CONTRACTS TO PURCHASE ELECTRONIC MATERIALS FOR ACCESS AND USE BY THE
RESIDENTS OF THE STATE. ELECTRONIC MATERIALS ACQUIRED PURSUANT TO SUCH
CONTRACTS SHALL BE AVAILABLE TO OTHER LIBRARIES THROUGH INTERLIBRARY
LOAN NETWORKS. ACCESS AND USE OF SUCH ELECTRONIC MATERIALS SHALL NOT BE
RESTRICTED MORE THAN REQUIRED BY COPYRIGHT LAWS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15600-01-0
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