2021 -- H 6246

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LC002602

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS

     Introduced By: Representative Lauren H. Carson

     Date Introduced: April 16, 2021

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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

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

CHAPTER 58

ELECTRONIC BOOK LICENSES TO LIBRARIES AND SCHOOLS

     6-58-1. Definitions.

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

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

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

phone, or electronic device;

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

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

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

phone, or electronic device;

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

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

located in schools and vocational and technical educational institutions;

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

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

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

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

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

audiobook, including:

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

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

acquired copy; and

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

     6-58-2. License to libraries and schools.

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

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

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

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

such electronic books.

     (1) Such reasonable terms may include:

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

simultaneously provide access to the electronic books;

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

student with access to the electronic books; and

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

from:

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

license; and

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

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

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

     6-58-3. Prohibited provisions.

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

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

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

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

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

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

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

unenforceable.

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

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

and digital audiobooks to patrons using reasonable technological protection measures;

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

copies of the electronic book or digital audiobook;

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

circulating the work to patrons or students; and

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

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

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

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

     6-58-4. Unfair and deceptive trade practice.

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

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

title shall be available for the enforcement of this chapter.

     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

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

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

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

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

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

practice.

     This act would take effect upon passage.

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