senate Bill S7576

2019-2020 Legislative Session

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

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Sponsored By

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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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

Co-Sponsors

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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

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.

S7576 (ACTIVE) - Sponsor Memo

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

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