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Bill > HF466

IA HF466

IA HF466
A bill for an act relating to contracts between a publisher and a library for electronic literary materials, and providing civil penalties.

summary

Introduced
02/19/2025
In Committee
02/19/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill relates to contracts between a publisher and a library for electronic literary materials. The bill prohibits a contract or license agreement between a publisher and a library from precluding, limiting, and restricting the library from performing customary operational or lending functions. The contract or license agreement shall not contain a provision that prohibits the library from loaning electronic literary material (material); restricts the number of times the library may loan material over the course of the license agreement; limits the number of material licenses the library may purchase on the same date the material is made available for purchase by the public; prohibits the library from making nonpublic preservation copies of material; restricts the library from disclosing the terms of the contract or license agreement to another library in the state; restricts the duration of the contract or license agreement unless the publisher has also offered the library a contract or license agreement that is either based on a pay-per-use model or provides for the perpetual public use of the material; and requires the library to violate the provisions of Code section 22.7. “Borrower”, “electronic literary material”, “library”, “loan”, “loan period”, and “publisher” are defined in the bill. The bill authorizes a contract or license agreement between a publisher and a library to limit the number of borrowers the library may allow to have simultaneous access to material. The bill also authorizes a contract or license agreement between a publisher and a library to require the library’s reasonable use of a technological protection measure that prevents a borrower from maintaining access to material beyond the loan period specified in the license, or from providing another person with access to material. The bill authorizes the attorney general, upon reasonable belief that a publisher is in violation of the bill, to bring civil action to enjoin further violations by the publisher, enforce compliance with the bill, assess a civil penalty not to exceed $100,000 per violation of the bill, and to obtain other remedies permitted under law.

AI Summary

This bill establishes new regulations for contracts between publishers and libraries regarding electronic literary materials, such as e-books and digital audiobooks. The bill defines key terms like "library" (which includes public, school, academic, and tribal libraries) and "electronic literary materials" (digital audiobooks and e-books), and applies to contracts entered into or renewed after July 1, 2025. The legislation prohibits publishers from including contract provisions that restrict libraries' traditional lending functions, such as limiting the number of times a book can be loaned, preventing interlibrary loans, or prohibiting libraries from making preservation copies. Contracts cannot restrict libraries from sharing agreement terms with other libraries or limit the contract duration unless alternative licensing models like pay-per-use are offered. The bill does allow publishers to limit simultaneous user access and require technological measures that prevent borrowers from accessing materials beyond the loan period or sharing them with others. Importantly, the attorney general is empowered to take civil action against publishers who violate these provisions, with potential penalties up to $100,000 per violation, aimed at ensuring libraries can effectively serve their communities in the digital age.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

House Local Government Committee (14:30:00 3/5/2025 RM 19) (on 03/05/2025)

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