senate Bill S2890B

2021-2022 Legislative Session

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

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Sponsored By

Current Bill Status Via A5837 - Passed Senate & Assembly


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to assembly
passed senate
3rd reading cal.1760
substituted for s2890b
Jun 10, 2021 substituted by a5837b
ordered to third reading cal.1760
committee discharged and committed to rules
May 20, 2021 print number 2890b
May 20, 2021 amend and recommit to consumer protection
May 10, 2021 print number 2890a
May 10, 2021 amend and recommit to consumer protection
Jan 26, 2021 referred to consumer protection

Co-Sponsors

view additional co-sponsors

S2890 - Details

See Assembly Version of this Bill:
A5837
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S7576

S2890 - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes penalties.

S2890 - Sponsor Memo

S2890 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2890
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 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, 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
 ACCESS  PERIOD  SET  FORTH IN THE LICENSE, AND (B) PROVIDING OTHER USERS
 WITH ACCESS TO THE ELECTRONIC BOOKS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04861-02-1

Co-Sponsors

view additional co-sponsors

S2890A - Details

See Assembly Version of this Bill:
A5837
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S7576

S2890A - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes penalties.

S2890A - Sponsor Memo

S2890A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2890--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  BROOKS,  GAUGHRAN, HARCKHAM, JORDAN, MYRIE,
   RIVERA, RYAN, SEPULVEDA, SERRANO, SKOUFIS -- read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Consumer
   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
 399-nn to read as follows:
   § 399-NN. 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.

Co-Sponsors

view additional co-sponsors

S2890B (ACTIVE) - Details

See Assembly Version of this Bill:
A5837
Law Section:
General Business Law
Laws Affected:
Add §399-nn, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S7576

S2890B (ACTIVE) - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes penalties.

S2890B (ACTIVE) - Sponsor Memo

S2890B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2890--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  BROOKS,  GAUGHRAN, HARCKHAM, JORDAN, MYRIE,
   RIVERA, RYAN, SEPULVEDA, SERRANO, SKOUFIS -- read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said committee -- 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
 399-nn to read as follows:
   § 399-NN. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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