NY State Senate Bill 2019-S7576

Senate Bill S7576

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 28, 2020	referred to consumer protection

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2019-S7576 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §349-g, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S2890

2019-S7576 (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-S7576 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7576

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
publishers to offer licenses for electronic books to libraries under
reasonable terms

 
PURPOSE:

To make e-books equally accessible to public libraries in the state on
reasonable terms.

 
SUMMARY OF PROVISIONS:

This bill amends the general business law by adding a new section 349-g
that requires publishers to offer electronic books to public libraries
under reasonable terms. Subsection one establishes definitions for elec-
tronic books and publishers. Subsection two requires publishers to offer
e-books to libraries on reasonable terms that permit libraries to

provide patrons with access to said books.  Subsection three defines
what shall and shall not constitute reasonable terms for e-book licen-
sure. Subsection four deems violations of this section as deceptive
practices with applicable remedies. Section 2 sets the effective date.

 
JUSTIFICATION:

Public libraries provide equitable access to information for all. Many
New Yorkers prefer digital content and libraries provide this content as
a benefit to their communities. E-books are particularly useful for
senior citizens, people with disabilities, and others who may find
digital content more accessible and manageable than paper books.  As the
market for e-books has developed and matured, publishers and libraries
have worked to develop equitable models to ensure access to library
patrons. Many of these practices are widely accepted and help ensure
libraries are able to provide access.

As markets continue to grow, however, some publishers are introducing
practices that significantly interfere with libraries' ability to
continue to provide their patrons with equitable access. In particular,
there are e-book embargoes in place that restrict the timely availabili-
ty of e-books to public libraries. These embargoes place an unfair
burden on public library systems that are forced to wait eight weeks to
purchase more than one license for a title. Such embargos undermine the
democratic and educational function of library systems.

This discriminatory practice will restrict access in ways that harm
library systems and those they serve. Many library patrons are lower
income or face barriers to other means of information access. These new
licensing restrictions means patrons may be forced to wait much longer
to borrow books, as only one title is made available per library system.
Additionally, these restrictions will financially burden library systems
that will have to purchase more titles to keep up with demand following
the two-month embargo.  Finally, it significantly restricts access to
titles for New Yorkers who find digital content more accessible than
paper books.


This bill establishes in statute what constitutes reasonable and unrea-
sonable standards for e-book licensing to New York's public libraries.
It requires publishers who offer to license e-books to the public shall
offer such books to libraries on said reasonable terms.  In doing so, it
ensures that widely accepted and effective industry practices remain in
place while prohibiting harmful practices that discriminate against
libraries and harm library patrons.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
90 days after becoming law.

2019-S7576 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7576
 
                             I N  S E N A T E
 
                             January 28, 2020
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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

                       [ ] is old law to be omitted.
                                                            LBD14971-01-0

 S. 7576                             2
 
   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.

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