Maryland Digital Content Legislation Becomes Law

As report in PW by Andrew Albanese and LJ by Matt Enis, Maryland HB518/SB432 have become law, though without the governor’s signature.

Your humble correspondent suggested this legislation (based upon models provided last year by New York and Rhode Island), advised the Maryland Library Intergovernmental Relations Committee on talking points, and provided oral testimony. Obviously, I don’t have an unbiased view on the legislation. My take on it is that, if anything, it is quite mild. It could have said publishers should to license to libraries at the far lower costs offered to consumers. It could have established the right to create permanent digital preservation copies of what we have licensed. It could have suggested that books not available under license be legally permitted to libraries that owned print copies under controlled digital lending. But we kept the legislation modest to seem reasonable and passable. Legislators might not have been willing to interfere in the market on specific terms. We didn’t want it too complex. We just want access for Maryland (and by extension, all) readers. The publishers remain in charge of dictating terms.

My hope, however, is that the legislation will lead publishers to share content under mutually agreeable terms and avoid restrictive practices such as “windowing.” If a publisher were not to comply, we’d likely try a media campaign. The law would be a last resort. But it is in place. Just in case. Let’s hope for mutually beneficial relationships and a future without litigation.