The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5837
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- 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, 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

 A. 5837                             2
 
   (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.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5837--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE, LAVINE, JENSEN -- 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
 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.
                                                            LBD04861-03-1

 A. 5837--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. ANY PUBLISHER THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 LIABLE  FOR  A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR
 AN INITIAL OFFENSE, AND THE SECOND OFFENSE AND  ANY  OFFENSE  THEREAFTER
 SHALL  BE  PUNISHABLE  BY  A  CIVIL  PENALTY  NOT TO EXCEED FIVE HUNDRED
 DOLLARS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law and shall apply to contracts entered into, renewed,
 modified, or amended on or after such effective date.