Bill Text: NY S07576 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2020-01-28 - REFERRED TO CONSUMER PROTECTION [S07576 Detail]

Download: New_York-2019-S07576-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7576

                    IN SENATE

                                    January 28, 2020
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        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,  magazines,  newspapers,  or  other
    10  literary productions including those in digital form consisting of text,
    11  imagery or both.
    12    2.  Any publisher who offers to license electronic books to the public
    13  shall offer to license such books to libraries in the state  on  reason-
    14  able  terms  that would permit the libraries to provide their users with
    15  access to such electronic books.
    16    3. (a) Such reasonable terms shall include:
    17    (i) a limitation on the number of users  to  whom  the  libraries  may
    18  simultaneously provide access to the electronic books;
    19    (ii)  a  limitation  on the number of days the libraries may provide a
    20  user with access to the electronic books; and
    21    (iii) the use of technological protection measures that would  prevent
    22  a  user  from  (A) maintaining access to the electronic books beyond the
    23  access period set forth in the license, and (B)  providing  other  users
    24  with access to the electronic books.
    25    (b) Such reasonable terms shall not include a limitation on the number
    26  of licenses for electronic books libraries may purchase at the same date
    27  available to the public.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14971-01-0
        S. 7576                             2

     1    4.  A  violation  of this section shall be deemed a deceptive practice
     2  within the meaning of section three hundred forty-nine of this  article,
     3  and  any remedy provided pursuant to this article shall be available for
     4  the enforcement of this section.
     5    §  2.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law.