S T A T E O F N E W Y O R K
________________________________________________________________________
6980
2023-2024 Regular Sessions
I N A S S E M B L Y
May 9, 2023
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting
publishers from limiting the number of copies of e-books available at
public libraries
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
338 to read as follows:
§ 338. E-BOOKS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "E-BOOK" SHALL MEAN A BOOK PUBLISHED IN OR CONVERTED TO DIGITAL
FORMAT FOR DISPLAY ON A COMPUTER SCREEN OR HANDHELD ELECTRONIC DEVICE.
B. "PUBLIC LIBRARY" SHALL MEAN A LIBRARY, OTHER THAN A PROFESSIONAL,
TECHNICAL OR PUBLIC SCHOOL LIBRARY, ESTABLISHED FOR FREE PUBLIC PURPOSES
BY OFFICIAL ACTION OF A MUNICIPALITY OR DISTRICT OR THE LEGISLATURE,
WHERE THE WHOLE INTERESTS BELONG TO THE PUBLIC, OR ANY OTHER LIBRARY
MAINTAINED FOR THE BENEFIT AND FREE USE ON EQUAL TERMS OF ALL THE PEOPLE
OF THE COMMUNITY IN WHICH SUCH LIBRARY IS LOCATED.
2. NO PERSON, PARTNERSHIP, LIMITED PARTNERSHIP, UNINCORPORATED JOINT-
STOCK ASSOCIATION, OR CORPORATION PUBLISHING A BOOK FOR SALE IN NEW YORK
STATE IN AN E-BOOK FORMAT SHALL, IN ANY WAY, LIMIT THE NUMBER OF COPIES
OF SUCH E-BOOK WHICH MAY BE MADE AVAILABLE FOR RENTAL AT ANY PUBLIC
LIBRARY IN NEW YORK STATE.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07788-03-3