Protects library access to electronic literary materials by prohibiting certain restrictive provisions in contracts between publishers and libraries.
Impact
If passed, S09339 would significantly change the landscape for public and academic libraries in New York State by safeguarding their ability to acquire and loan electronic literary resources without restrictive terms imposed by publishers. This bill is likely to promote stronger negotiations between libraries and publishers, enabling libraries to offer a wider range of digital content to their communities. Furthermore, this legislation would have a protective provision that renders contracts with prohibited clauses as unconscionable and void, thereby enforcing stronger public policy to support library access.
Summary
Bill S09339 aims to enhance and protect library access to electronic literary materials, which includes digital audiobooks and e-books. The proposed legislation seeks to amend the education law by prohibiting certain restrictive provisions in contracts between libraries and publishers. These prohibitive contract clauses might limit libraries' core mission to provide access to electronic content, thus ensuring equitable access to digital resources for all patrons. The bill is a response to concerns that existing contracts can impose unfair limitations on libraries' operations regarding electronic literary materials.
Contention
Notably, the bill could face opposition from some publishers who may argue that such restrictions infringe upon their rights to manage their intellectual property and set terms for licensing their works. Supporters of the bill are primarily librarians and educational advocates who believe that equitable access to electronic literary materials is crucial for promoting literacy and education in New York. The main points of contention may revolve around the balance between protecting public access and the rights of publishers, as well as the potential economic implications for the publishing industry.
Same As
Protects library access to electronic literary materials by prohibiting certain restrictive provisions in contracts between publishers and libraries.
Permits libraries and library systems to enter into cooperative purchasing agreements to purchase or license electronic literary materials; prevents contracts between publishers or aggregators and libraries or library systems from restricting the disclosure of certain information.
An Act Concerning The Curation And Retention Of Literary Materials Contained In Public And School Libraries And Legal Protections Afforded To Librarians And Staff Working In Such Libraries.
Prohibits libraries and library systems, including school libraries and school library systems from banning books or other materials based on partisan or doctrinal disapproval.
Establishes enforcement limitations on contract terms for the licensing of electronic books or digital audiobooks to libraries to preclude the library from being subject to unfair sales practices.
Establishes enforcement limitations on contract terms for the licensing of electronic books or digital audiobooks to libraries to preclude the library from being subject to unfair sales practices.