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.
              

                                                            LBD14971-02-0

 A. 9881--A                          2
 
 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.
   4.  A  VIOLATION  OF THIS SECTION SHALL BE DEEMED A DECEPTIVE PRACTICE
 WITHIN THE MEANING OF SECTION THREE HUNDRED FORTY-NINE OF THIS  ARTICLE,
 AND  ANY REMEDY PROVIDED PURSUANT TO THIS ARTICLE SHALL BE AVAILABLE FOR
 THE ENFORCEMENT OF THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.