Connecticut and Hawaii Add Ebook Bills

In Hawaii, HB1412 has been introduced by Representative Jenna Takenouchi. Thank you, Rep. Takenouchi! The bill “Prohibits any contract or license agreement between a publisher and library in the State from precluding, limiting, or otherwise restricting the library from performing customary operational and lending functions; restricting the library from disclosing any terms of its license agreements to other libraries; and requiring, coercing, or enabling a library to violate rules regarding confidentially of a patron's library records. Deems contracts that contain prohibited provisions an unfair or deceptive act or practice and void and unenforceable.”

A look at the PDF shows that the bill, among many other things, would not allow a “library to acquire a license for any electronic literary material at a price greater than that charged to the public for the same item.”

The bill’s language is precise and well-drafted. Since it addresses how libraries may operate and does not restrict publishers from acting in general, it seems unlikely, at least to me, to be preempted by federal copyright. I’m not a copyright expert or attorney, however, so we’ll have to see how it plays out. A distinct lesson, however, has been learned from the Maryland lawsuit.

Connecticut has also joined, with the introduction of SB500. Thank you, Senator Hwang of the 28th District. This bill is brief but requires “publishers of electronic books to license such books to public libraries on reasonable terms.” RF is given to understand that this bill will be amended with much more detail in the days to come.

Virginia’s bill seems to have come a cropper already, not getting out of Senate committee. The bill was passed by “indefinitely,” and so it could be brought up again. It appears that one legislator, working with a library in the county, introduced the bill, but it was not then supported by the Virginia Library Association as a whole. It would be interesting to know why not. RF will try to find out. We can hope perhaps another bill is in the offing, though why this one couldn’t simply have been amended is a question worth asking.

For now, it’s good to see two more state trying to ensure fair library digital license terms for tax payers and promote reading in libraries. So, Massachusetts, Rhode Island, Connecticut, and Hawaii (now there’s a geographic spread!) have bills in place. Hoping for more . . . and for passage of these!