“It was just over a year ago that a federal judge in Maryland struck down the state’s groundbreaking library e-book law. But with the 2023 legislative year underway, library advocates are back with new model legislation they say can help ensure “fair and equitable licensing terms in e-book contracts for libraries” while avoiding the thorny copyright issue that doomed Maryland’s law.
The revised language, developed with support from nascent library advocacy group Library Futures, takes a “regulate” rather than “mandate” approach. In other words, unlike Maryland’s law, which would have required publishers to offer license agreements to libraries “on reasonable terms” for digital books that were available to consumers, the new legislative language instead focuses regulating the terms of agreements. Key to the revised bill’s effectiveness is language that would render unenforceable any license term that “precludes, limits, or restricts” libraries from performing their traditional, core mission….”