Two More State Ebooks Bills Move Forward with One Well Underway

ReadersFirst has maintained that the Association of American Publishers (AAP) challenge to Maryland’s ebooks law, which could have been launched as early as June, was held till mid-December in part to put on pressure to veto the New York bill while of course aiming to chill efforts in other states.

The New York bill was vetoed—though the description of it as “well-intentioned” suggests it could be rewritten to pass—but the AAP’s action is far from chilling state efforts to redress the imbalance in the library digital content market that so disadvantages library readers.

Massachusetts continues efforts to pass a bill. Legislators there are voicing strong support of libraries. RF understands that the bill may be amended to include provisions currently appearing in the Illinois version of an ebook bill.

The Illinois bill adds something useful to Maryland’s.

Section 15. Prohibited contract provisions.

A contract or license shall contain no provision that restricts or limits a library's right or ability to loan or circulate electronic books and digital audiobooks to patrons using reasonable technological protection measures; restricts or limits a library's right to make non-public preservation copies of electronic books or digital audiobooks

That last point addresses library—and especially academic library—concerns abut preservation and could conceivably open the door to Interlibrary Loan through Controlled Digital Lending.

It was a busy week, with Rhode Island re-introducing a bill for their new legislative session. Like Illinois and Massachusetts, the bill applies to school libraries as well as public and includes right to digital preservation. RF understands that Rhode Island Library Association (RILA) wishes to add a few amendments to the Senate version. I’ll try to find out what they are and update this post.

It’s time to find out if the AAP will stick with its Maryland suit or engage in legal whack-a-mole with others. Legislators in three states are certainly aware of the AAP’s contention that federal law preempts these state laws. They aren’t buying it. States have a duty to protect against unfair trade practices. These bills aim to do exactly that. And they all have a solid chance of passing.

Why not join the movement? Your state, too, can stop the perpetuation of (to quote the Maryland A.G’s filing) “an inequitable “status quo” that, as applied to electronic literary products, upsets the centuries-old tradition of library access and does so solely to improve the publishers’ bottom line.” It is a just cause.