The eBook Study Group's state-level model legislation is uniquely crafted to harness the power of state procurement law to support equitable access to ebooks without running afoul of Congressional prerogatives within Copyright law.
The model legislation is designed to put all libraries in a position to negotiate better terms, preempt restrictive terms that would be unacceptable in a physical book context, and control the untenable costs of providing access to ebooks for communities. If enacted in your state, it would provide several remedies, giving courts the ability to rule that a contract (or provision of a contract) is "unconscionable" or an "unfair trade practice" and, therefore, unenforceable.
The bills do not mandate contracts between publishers and libraries or force publishers to sell to libraries. Instead, they regulate the terms of those contracts, ensuring that contractual agreements between libraries and publishers contain equitable licensing terms for acquiring ebooks. They also aim to ensure that literary materials have at least the same utility in digital form as analog form and that no contract requires, coerces, or enables the library to violate the law protecting the confidentiality of a patron's library records.
It’s important to note that the model state ebook bill is not the same as the legislative attempts which were struck down in Maryland and New York in 2022. They do not encroach on copyright, violate publishers' or authors’ rights, or mandate contracts between publishers and libraries. Instead, they utilize existing state law to ensure that contractual agreements between libraries and publishers contain equitable terms that support the libraries' mission of providing broad and equitable access to information for all.
The eBooks Study Group’s model legislation is a positive step towards creating a fair and equitable ebook market that benefits both publishers and libraries, ultimately ensuring that the public has access to the information they need and deserve.
Read the whole model and consult the analysis at https://www.libraryfutures.net/draft-ebook-legislation