2022 -- H 7113

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LC003877

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS--

ELECTRONIC BOOK LICENSES TO LIBRARIES AND SCHOOLS

     

     Introduced By: Representatives Carson, Caldwell, Fogarty, Donovan, Cortvriend,
McGaw, Ruggiero, Amore, and Potter

     Date Introduced: January 20, 2022

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW - GENERAL

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REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:

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CHAPTER 59

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ELECTRONIC BOOK LICENSES TO LIBRARIES AND SCHOOLS

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     6-59-1. Definitions.

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     Whenever used in this chapter, unless the context requires otherwise:

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     (1) "Digital audiobook" means a published work that has been converted into a voice

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recording (narrated) and released in a digital audio file for listening on a computer, tablet, smart

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phone, or electronic device;

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     (2) "Electronic book" means a text document that has been converted into or published in

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a digital format, including, but not limited to, all instructional materials utilized by students in

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public and private schools and educational institutions, that are read on a computer, tablet, smart

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phone, or electronic device;

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     (3) "Libraries" mean all public and private libraries located at university and college

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institutions, all public and private libraries with public access, and all public and private libraries

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located in schools and vocational and technical educational institutions;

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     (4) "Publisher" means one whose business is the manufacture, promulgation, and/or sale

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of books, audiobooks, journals, magazines, newspapers, or other literary productions including

 

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those in digital form consisting of text, narration, imagery or all three (3); and

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     (5) "Reasonable technological protection measures" means any technology that enhances

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the secure loaning and/or circulation by a library or school of an electronic book or digital

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audiobook, including:

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     (i) Technology limiting the loan to a single patron at a time, for a limited period of time;

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     (ii) Technology that limits access to only one library patron or student at a time for each

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acquired copy; and

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     (iii) Technology that prevents any reproduction of copies during the loan period.

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     6-59-2. License to libraries and schools.

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     Any publisher who offers a contract or license for acquisition of electronic books and

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digital audiobooks to the public shall offer to license such books to libraries and to elementary and

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secondary schools and educational institutions in the state on reasonable terms that would permit

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the libraries, schools and educational institutions to provide their users and students with access to

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such electronic books.

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     (1) Such reasonable terms may include:

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     (i) A limitation on the number of users or students to whom the libraries or schools may

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simultaneously provide access to the electronic books;

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     (ii) A limitation on the number of days the libraries and/or schools may provide a user or

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student with access to the electronic books; and

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     (iii) The use of technological protection measures that would prevent a user or student

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from:

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     (A) Maintaining access to the electronic books beyond the access period set forth in the

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license; and

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     (B) Providing other users with access to the electronic books.

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     (2) Such reasonable terms shall not include a limitation on the number of licenses for

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electronic books that libraries or schools may purchase on the same date available to the public.

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     6-59-3. Prohibited provisions.

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     (a) Any publisher who offers a contract or license for acquisition of electronic books and

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digital audiobooks to the public in this state shall be governed by Rhode Island law with respect to

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the contract or license. Contracts or licenses that include any clauses that preclude, limit, or restrict

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a library or school from the purchase of electronic books or digital audiobooks, or clauses that

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preclude, limit, or restrict libraries or schools from performing critical functions, including, but not

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limited to, circulating electronic books or digital audiobooks to patrons or students, and/or making

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preservation copies, are in violation of Rhode Island public policy and therefore void and

 

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unenforceable.

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     (b) A contract or license shall contain no provision:

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     (1) Restricting or limiting a library's or school's right to loan/circulate the electronic books

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and digital audiobooks to patrons using reasonable technological protection measures;

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     (2) Restricting or limiting a library's or school's right to make non-public preservation

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copies of the electronic book or digital audiobook;

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     (3) Restricting or limiting the use of reasonable technological protection measures for

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circulating the work to patrons or students; and

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     (4) Restricting the number of licenses for electronic books or digital audiobooks that

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libraries or schools may purchase on the same date available to the public.

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     (c) The knowing inclusion in a consumer contract of a contract provision violating the

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prohibitions contained in this section shall constitute an unfair and deceptive trade practice.

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     6-59-4. Unfair and deceptive trade practice.

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     A violation of this chapter shall be deemed an unfair and deceptive trade practice within

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the meaning of chapter 13.1 of this title, and any remedy provided pursuant to chapter 13.1 of this

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title shall be available for the enforcement of this chapter.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS--

ELECTRONIC BOOK LICENSES TO LIBRARIES AND SCHOOLS

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     This act would require publishers to provide electronic book licenses to libraries and

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schools, when a publisher offers to license electronic books and digital audiobooks to the public,

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and to license such books to all public, private, academic and educational libraries in the state on

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reasonable terms, permitting the libraries and schools to provide their users with access to such

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electronic books. Any violation of the chapter would be deemed an unfair and deceptive trade

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practice.

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     This act would take effect upon passage.

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