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Assembly Bill A9881A

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2019-A9881 - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §349-g, Gen Bus L

2019-A9881 - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes that a violation shall be deemed a deceptive practice.

2019-A9881 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9881
 
                           I N  A S S E M B L Y
 
                             February 20, 2020
                                ___________
 
 Introduced  by  M. of A. RYAN -- 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,  MAGAZINES,  NEWSPAPERS,  OR  OTHER
 LITERARY PRODUCTIONS INCLUDING 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.
   (B) SUCH REASONABLE TERMS SHALL NOT INCLUDE A LIMITATION ON THE NUMBER
 OF LICENSES FOR ELECTRONIC BOOKS LIBRARIES MAY PURCHASE AT THE SAME DATE
 AVAILABLE TO THE PUBLIC.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

multi-Sponsors

2019-A9881A (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §349-g, Gen Bus L

2019-A9881A (ACTIVE) - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes that a violation shall be deemed a deceptive practice.

2019-A9881A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9881--A
 
                           I N  A S S E M B L Y
 
                             February 20, 2020
                                ___________
 
 Introduced  by  M. of A. RYAN, HUNTER, RAMOS, GUNTHER, BARRETT, BRONSON,
   L. ROSENTHAL, JAFFEE, DE LA ROSA,  JACOBSON,  DICKENS,  FAHY,  THIELE,
   ENGLEBRIGHT, SIMON, EPSTEIN, GRIFFIN, BYRNE, PALUMBO, DeSTEFANO, MANK-
   TELOW, NORRIS, RA -- Multi-Sponsored by -- M. of A. TAGUE -- 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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