summary
Introduced
01/17/2025
01/17/2025
In Committee
02/13/2025
02/13/2025
Crossed Over
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
Requires reasonable terms in license agreements for digital literary materials between libraries and publishers. Defines prohibited terms for license agreements between libraries and publishers. Declares offer of a license agreement with a prohibited term an unfair or deceptive act. Makes a license agreement with a prohibited term void and unconscionable. Creates a right of action by libraries, library officers and borrowers. Effective 7/1/2050. (SD1)
AI Summary
This bill establishes new regulations for digital literary material licensing agreements between publishers and public libraries in Hawaii, aimed at ensuring fair and reasonable access to digital resources. The legislation defines "digital literary materials" as electronic books and digital audiobooks and prohibits publishers from imposing overly restrictive or expensive licensing terms that would impede libraries' ability to serve their communities. Specifically, the bill prevents publishers from implementing practices such as charging libraries significantly higher prices than individual consumers, restricting the number of loans or license duration, imposing per-circulation fees, limiting interlibrary loans, or compromising borrower privacy. If a publisher offers a licensing agreement with any of these prohibited terms, it would be considered an unfair or deceptive practice, rendering the contract void and unenforceable. The bill allows libraries, library officers, and borrowers to take legal action against publishers who violate these terms, with the goal of preserving libraries' role as vital public resources for education and equitable access to information. The legislation is set to take effect on July 1, 2050, and will apply to new and renewed licensing agreements after that date.
Committee Categories
Business and Industry, Education
Sponsors (6)
Henry Aquino (D)*,
Stanley Chang (D)*,
Troy Hashimoto (D)*,
Angus McKelvey (D)*,
Tim Richards (D),
Joy San Buenaventura (D),
Last Action
Carried over to 2026 Regular Session. (on 12/08/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
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