summary
Introduced
02/05/2026
02/05/2026
In Committee
02/10/2026
02/10/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Digital Library Protection Act. Provides that no publisher shall enter into a contract or license agreement to distribute electronic literary materials to a library that: (1) restricts the library from performing customary operational functions; (2) restricts the library from performing customary lending functions; (3) restricts the library from disclosing the terms of the contract or license agreement to any other library in the State; or (4) requires the library to violate the Library Records Confidentiality Act. Provides that a violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that any contract to license electronic literary materials to a library that includes a provision prohibited under the Act is deemed unenforceable and void. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective immediately.
AI Summary
This bill, titled the Digital Library Protection Act, aims to prevent publishers from imposing unfair restrictions on libraries when licensing electronic literary materials, such as e-books and digital audiobooks. It clarifies that publishers cannot enter into contracts that prevent libraries from performing their usual operations, like licensing materials from other publishers, using technology to manage loans, making preservation copies, or lending through interlibrary loan systems. Furthermore, publishers cannot restrict libraries from lending materials to patrons, setting their own loan periods, or acquiring licenses at prices higher than what the public pays, nor can they impose excessive per-circulation fees or limit the number of times an item can be loaned if there's already a time limit on the license. The bill also prohibits contracts that hinder a library's ability to virtually present content to patrons and prevents publishers from restricting libraries from sharing contract terms with other libraries in the state or forcing them to violate the Library Records Confidentiality Act, which protects patron privacy. Any contract that includes these prohibited provisions will be considered void and unenforceable, and violating this Act will be treated as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, allowing the Attorney General to enforce these protections.
Sponsors (1)
Last Action
Referred to Rules Committee (on 02/10/2026)
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