Massachusetts (Re)Joins the Effort

On Friday January 20th, Ruth Balser of the 12th Middlesex district filed “An Act empowering library access to electronic books and digital audiobooks.”

So, Rhode Island now has company and two states are showing the bravery that characterized the Tea Party (in Boston Harbor, not the more recent and very much less illustrious political movement) and the American Revolution.

The bill is different than most previous library ebook legislative efforts and is likely to have benefitted from the expert advice of Mr. Kyle Courtney.

It is ultimately based on protections the state offers to consumers.

RF might have preferred to see some link of digital to print costs rather than saying a license may not require a library to pay “for any electronic literacy material at a price greater than that charged t the public for the same item.” These are books. Publishers should charge as if they were. Consumer digital is aimed at one person; some judge ight be sympathetic to publishers over the difference.

RF might have liked to see a limit placed on the definition of publishers to include those grossing over a certain sum a year in sales. We’re not after the little ones or the self-published (though the definition of publishers in the bill is likely to exclude self-publishing any way).

But this is to pick nits a little ignoble—for the bill is bold, cogent, and important. Love its provision that libraries can’t be restricted from talking about what we pay for licensing from publishers/vendors. That anti-competitive restriction needs to be rejected in every state. The part about severability—if one provision is ever struck down, the rest still stand—is important for all state efforts as well.

There is much here for other state efforts to learn from. Thank you, Ms. Balser! When this bill passes, libraries not only in Massachusetts but EVERWHERE will owe you a debt of gratitude.

The bill has a risk. What if a publisher decided it will simply not deal with Massachusetts at all, forgoing licenses to everyone there rather than negotiate contracts that we would all learn the terms of? That’s where EVERYWHERE comes in. Librarians, be prepared to stand with Massachusetts! For now is the time for every librarian to come to the aid of the profession!