Hunter, Ramos, Gunther, Barrett, Bronson, Rosenthal L, Jaffee, De La Rosa, Jacobson, Dickens, Fahy,
Thiele, Englebright, Simon, Epstein, Griffin, Byrne, Palumbo, DeStefano, Manktelow, Norris, Ra
MLTSPNSR
Tague
Add 349-g, Gen Bus L
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.
STATE OF NEW YORK
________________________________________________________________________
9881--A
IN ASSEMBLY
February 20, 2020
___________
Introduced by M. of A. RYAN, HUNTER, RAMOS, GUNTHER, BARRETT, BRONSON,
L. ROSENTHAL, JAFFEE, DE LA ROSA, JACOBSON, DICKENS, FAHY, THIELE,
ENGLEBRIGHT, SIMON, EPSTEIN, GRIFFIN, BYRNE, PALUMBO, DeSTEFANO, MANK-
TELOW, NORRIS, RA -- Multi-Sponsored by -- M. of A. TAGUE -- 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:
1 Section 1. The general business law is amended by adding a new section
2 349-g to read as follows:
3 § 349-g. Electronic book licenses. 1. For the purposes of this
4 section, the following terms shall have the following meanings:
5 (a) "electronic book" means a text document that has been converted
6 into or published in a digital format that is read on a computer,
7 tablet, smart phone, or electronic device; and
8 (b) "publisher" means one whose business is the manufacture, promulga-
9 tion, and sale of books, journals or other literary productions includ-
10 ing those in digital form consisting of text, imagery or both.
11 2. Any publisher who offers to license electronic books to the public
12 shall offer to license such books to libraries in the state on reason-
13 able terms that would permit the libraries to provide their users with
14 access to such electronic books.
15 3. (a) Such reasonable terms shall include:
16 (i) a limitation on the number of users to whom the libraries may
17 simultaneously provide access to the electronic books;
18 (ii) a limitation on the number of days the libraries may provide a
19 user with access to the electronic books; and
20 (iii) the use of technological protection measures that would prevent
21 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.
LBD14971-02-0
A. 9881--A 2
1 access period set forth in the license, and (B) providing other users
2 with access to the electronic books.
3 (b) Such reasonable terms shall not include a limitation on the number
4 of licenses for electronic books libraries may purchase at the same date
5 available to the public.
6 4. A violation of this section shall be deemed a deceptive practice
7 within the meaning of section three hundred forty-nine of this article,
8 and any remedy provided pursuant to this article shall be available for
9 the enforcement of this section.
10 § 2. This act shall take effect on the ninetieth day after it shall
11 have become a law.
